Marc Stout v. Sgt. Pope

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1312
MARC STOUT,
Plaintiff - Appellant,
v.
SGT. POPE,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Alexandria. Anthony John Trenga, Senior District Judge. (1:21-cv-01081-AJT-IDD)
Submitted: June 28, 2023 Decided: September 14, 2023
Before DIAZ, Chief Judge, RUSHING, Circuit Judge, and FLOYD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Marc Stout, Appellant Pro Se. Jeffrey Notz, PRINCE WILLIAM COUNTY
ATTORNEY’S OFFICE, Prince William, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Marc Stout appeals the district court’s order granting the Defendant’s motion to
dismiss or, in the alternative, for summary judgment and dismissing the claims Stout raised
in his 42 U.S.C. § 1983 complaint. The record does not contain a transcript of the hearing
in which the district court expressed its rationale for dismissing Stout’s claims. 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). By failing to
produce a transcript or to qualify for the production of a transcript at government expense,
Stout 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 Cnty., 827 F.2d
952, 954 n.1 (4th Cir. 1987). And, in any event, the record makes clear that Stout’s claims
are meritless. Accordingly, we affirm the district court’s order. We dispense with oral
argument because the facts and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional process.
AFFIRMED

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