Raymond Garcia v. J. McClaskey


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [1000023623-2]. Originating case number: 1:12-cv-00093-LPA. Copies to all parties and the district court. [1000123675]. Mailed to: Raymond Garcia (Freddie Andaya). [17-6108]

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Appeal: 17-6108 Doc: 29 Filed: 07/24/2017 Pg: 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6108 RAYMOND GARCIA, a/k/a Freddie Andaya, Plaintiff - Appellant, v. DETECTIVE J. P. MCCLASKEY, DET. CITY OF CONCORD POLICE DEPARTMENT; DETECTIVE K. CHILDERS; DETECTIVE R. GONSALEZ; UNITED STATES OF AMERICA; DETECTIVE KELLY SEAGRAVES; DETECTIVE ELIZABETH LOVE; DETECTIVE G. BACOTE; DETECTIVE J. DAVIS; SHERIFF KEVIN AUTEN; DETECTIVE UVALDO RIOS, Defendants - Appellees, and CITY OF CONCORD, NORTH CAROLINA; ROWAN COUNTY, NORTH CAROLINA; CHIEF GUY SMITH, Defendants. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. L. Patrick Auld, Magistrate Judge. (1:12-cv-00093-LPA) Submitted: July 20, 2017 Decided: July 24, 2017 Before DUNCAN and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Appeal: 17-6108 Doc: 29 Filed: 07/24/2017 Pg: 2 of 4 Freddie Andaya, Appellant Pro Se. Torin L. FURY, RLLP, Greensboro, North Carolina; Attorney, Steven N. Baker, OFFICE OF Greensboro, North Carolina; Kenneth Ray Charlotte, North Carolina, for Appellees. Fury, William L. Hill, FRAZIER HILL & Lynne P. Klauer, Assistant United States THE UNITED STATES ATTORNEY, Raynor, RAYNOR LAW FIRM, PLLC, Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 17-6108 Doc: 29 Filed: 07/24/2017 Pg: 3 of 4 PER CURIAM: Raymond Garcia appeals the magistrate judge’s orders * entering judgment in favor of Defendants in Garcia’s action in which he alleged the use of excessive force during his arrest. The record does not contain a transcript of the jury 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 on appeal. Fed. R. App. P. 10(b); 4th Cir. R. 10(c). 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) (2012). By failing to produce a transcript or to qualify for the production of a transcript at government expense, Garcia 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 Cty., 827 F.2d 952, 954 n.1 (4th Cir. 1987). Moreover, because Garcia’s informal brief does not challenge the basis for the magistrate judge’s disposition, Garcia has forfeited appellate review of the court’s orders. See 4th Cir. R. 34(b) (providing that review is confined to the issues raised in the Appellant’s brief.); Williams v. Giant Food Inc., 370 F.3d 423, 430 n.4 (4th Cir. 2004). Accordingly, we affirm the magistrate judge’s judgment. We deny Garcia’s motion for appointment of counsel, and we dispense with oral argument because the facts * The parties consented to the jurisdiction of a magistrate judge pursuant to 28 U.S.C. § 636(c) (2012). 3 Appeal: 17-6108 Doc: 29 Filed: 07/24/2017 Pg: 4 of 4 and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 4

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