John McAllister, Jr. v. Jocelyn Hunter

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UNPUBLISHED PER CURIAM OPINION filed.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]

John McAllister, Jr. v. Jocelyn Hunter

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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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1011 JOHN A. MCALLISTER, JR., Plaintiff - Appellee, v. JOCELYN HUNTER, Defendant ­ Appellant, and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 Affirmed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.

Dockets.Justia.com

Case: 10-1011 Document: 18

Date Filed: 11/17/2010

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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

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