Darrel White v. M. Owen

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:10-cv-00514-MFU-RSB Copies to all parties and the district court/agency. [998864815]. Mailed to: appellant. [12-6267]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-6267

DARREL A. WHITE,
Plaintiff - Appellant,
v.
OFFICER M. OWENS, a/k/a M. Ownes,
Defendant - Appellee,
and
WARDEN BRYAN WATSON; CAPTAIN ANDERSON; NURSE HARBER,
Defendants.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Michael F. Urbanski, District
Judge. (7:10-cv-00514-MFU-RSB)

Submitted:

May 24, 2012

Before MOTZ and
Circuit Judge.

DAVIS,

Decided:

Circuit

Judges,

and

May 31, 2012

HAMILTON,

Senior

Affirmed by unpublished per curiam opinion.

Darrel A. White, Appellant Pro Se. John Michael Parsons,
Assistant Attorney General, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Darrel White appeals the jury verdict in his 42 U.S.C.
§ 1983 (2006) action in favor of defendant M. Owens.

White

argues that the verdict is not supported by the evidence adduced
at trial, that the trial judge erred in failing to properly
respond

to

the

jury’s

request

for

supplemental

information

during deliberations, and that the jury was biased against him.
He also appeals the district court’s denial of his post-judgment
motion for a new trial and to set aside the verdict.
The record does not contain a transcript of the jury
proceedings.

An appellant has the burden of including in the

record on appeal a transcript of all parts of the proceedings
material to the issues raised on appeal.
4th Cir. R. 10(c).

Fed. R. App. P. 10(b);

An appellant proceeding on appeal in forma

pauperis is entitled to transcripts at government expense only
in

certain

circumstances.

28

U.S.C.

§ 753(f)

(2006).

By

failing to produce a transcript or to request or qualify for the
production
waived

of

review

transcript

to

a
of

transcript
the

show

issues

error.

at

government

on
See

appeal

expense,

that

generally

depend
Fed.

R.

White

has

upon

the

App.

P.

10(b)(2); Keller v. Prince George’s Cnty., 827 F.2d 952, 954 n.1
(4th Cir. 1987).

As no error appears on the record before us,

we affirm the jury’s verdict.

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Insofar as we are able to review the district court’s
order denying White’s post-judgment motions in the absence of a
transcript, we have reviewed the available record and find no
reversible error.
by

the

Accordingly, we affirm for the reasons stated

district

court.

White

v.

Owens,

7:10-cv-00514-MFU-RSB (W.D. Va. Mar. 20, 2012).

No.

We dispense

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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