John McAllister, Jr. v. Jocelyn Hunter


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:07-cv-00064-RLV Copies to all parties and the district court/agency. [998467172] [10-1011]

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John McAllister, Jr. v. Jocelyn Hunter Doc. 0 Case: 10-1011 Document: 18 Date Filed: 11/17/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1011 JOHN A. MCALLISTER, JR., Plaintiff - Appellee, v. JOCELYN HUNTER, Defendant Appellant, and C. ERIC HUNTER; PHOENIX COLVARD MOUNTAIN, LLC, Defendants. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Richard L. Voorhees, District Judge. (5:07-cv-00064-RLV) Submitted: October 25, 2010 Decided: November 17, 2010 Before GREGORY, KEENAN, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Jocelyn Hunter, Appellant Pro Se. David Erik Albright, Jon Berkelhammer, SMITH MOORE, LLP, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. Case: 10-1011 Document: 18 Date Filed: 11/17/2010 Page: 2 PER CURIAM: Jocelyn Hunter appeals the jury verdict in favor of John McAllister, Jr. of the jury The record does not contain a transcript An appellant has the burden of proceedings. including in the record on appeal a transcript of all parts of the proceedings material to the issues raised on appeal. R. App. P. 10(b); 4th Cir. R. 10(c). appeal in forma pauperis is Fed. An appellant proceeding on to transcripts at entitled Government expense only in certain circumstances. 753(f) qualify (2006). for the By failing to of produce a a 28 U.S.C. or to transcript at production transcript Government expense, Hunter has waived review of the issues on appeal that depend upon the transcript to show error. See generally Fed. R. App. P. 10(b)(2); Keller v. Prince George's County, 827 F.2d 952, 954 n.1 (4th Cir. 1987). As no error appears on the record We dispense before us, we affirm the district court's order. with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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