Michael Cornelius v. John M. McHugh

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:13-cv-01018-CMC Copies to all parties and the district court/agency. [999855943]. Mailed to: Michael Cornelius, Christopher Gibbs. [15-2094]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-2094

MICHAEL CORNELIUS,
Plaintiff - Appellant,
v.
JOHN M. MCHUGH, Secretary of the Army,
Defendant - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, Senior
District Judge. (3:13-cv-01018-CMC)

Submitted:

May 31, 2016

Decided:

June 16, 2016

Before SHEDD, THACKER, and HARRIS, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael Cornelius, Appellant Pro Se.
Terri Hearn Bailey,
Assistant United States Attorney, Christopher Gibbs, OFFICE OF
THE UNITED STATES ATTORNEY, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael Cornelius appeals from the district court’s entry
of judgment for Defendant following a bench trial in his civil
action under the Whistleblower Protection Act and Title VII of
the Civil Rights Act of 1964.

We affirm.

On appeal, Cornelius claims that the district court erred
in a host of ways at trial.

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

Fed. R. App. P. 10(b); 4th Cir. R. 10(c)(1).
provided
supporting

transcripts
his

of

arguments

relevant
of

error

appeal.

Cornelius has not

portions
at

on

trial.

of

the

trial

Cornelius

also

fails to establish a basis to have the transcripts prepared at
government expense.

28 U.S.C. § 753 (2012).

By failing to

produce relevant transcripts or qualify for the production of
the

transcripts

at

government

review of these issues.

expense,

Cornelius

has

waived

Powell v. Estelle, 959 F.2d 22, 26

(5th Cir. 1992) (per curiam), abrog’n on other grounds recog’d
by Diaz v. Collins, 114 F.3d 69, 72 (5th Cir. 1997); Keller v.
Prince George’s Cty., 827 F.2d 952, 954 n.1 (4th Cir. 1987).
Cornelius’
court

are

made

remaining
in

arguments

largely

of

conclusory

error

by

fashion,

the

district

without

an

explanation as to how or why any such errors warrant reversal of
the

district

court’s

judgment.
2

Accordingly,

we

deem

these

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issues abandoned.

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See 4th Cir. R. 34(b) (directing appealing

parties to present specific arguments in an informal brief and
stating that this court’s review on appeal is limited to the
issues raised in the informal brief); Wahi v. Charleston Area
Med. Ctr., Inc., 562 F.3d 599, 607 (4th Cir. 2009) (limiting
appellate review to arguments raised in the brief in accordance
with predecessor to Fed. R. App. P. 28(a)(8)(A)); Williams v.
Giant Food Inc., 370 F.3d 423, 430 n.4 (4th Cir. 2004) (noting
that appellate assertions not supported by argument are deemed
abandoned).
Cornelius fails to establish any basis for overturning the
district court’s judgment.
We

dispense

contentions

with
are

oral

Accordingly, we affirm the judgment.

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.

AFFIRMED

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