22 F. App'x 213

Francella ABRAMS, Plaintiff-Appellant, v. CITY OF RICHMOND, Defendant-Appellee.

No. 01-1803.

United States Court of Appeals, Fourth Circuit.

Submitted Nov. 29, 2001.

Decided Dec. 5, 2001.

Francella Abrams, pro se. Keith Allen May, City Attorney’s Office, Richmond, VA, for appellee.

Before WIDENER, NIEMEYER, and WILLIAMS, Circuit Judges.

PER CURIAM.

Francella Abrams appeals the district court’s order dismissing her civil action for the reasons stated from the bench. The record does not contain a transcript of the hearing in which the court stated its reasons for dismissing the action. Abrams 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. Local R. 10(c). Appellants proceeding on appeal in forma pauperis are entitled to transcripts at government expense only in certain circumstances. 28 U.S.C. § 753(f) (1994). By failing to produce a transcript or to qualify for the production of a transcript at government expense, Abrams has waived review of the issues on appeal which depend upon the transcript to show error. See Powell v. Estelle, 959 F.2d 22, 26 (5th Cir.1992); Keller v. Prince George’s Co., 827 F.2d 952, 954 n. 1 (4th Cir.1987). Accordingly, we therefore affirm the district court’s order accepting the recommendation of the magistrate judge. We deny Abrams’ motion to expedite and 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..

Abrams v. City of Richmond
22 F. App'x 213

Case Details

Name
Abrams v. City of Richmond
Decision Date
Dec 5, 2001
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22 F. App'x 213

Jurisdiction
United States

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