
    Daron K. OWENS, Plaintiff-Appellant, v. Paul Henry O’NEILL, Defendant—Appellee.
    No. 03-2229.
    United States Court of Appeals, Fourth Circuit.
    Submitted April 30, 2004.
    Decided May 24, 2004.
    Daron K. Owens, Appellant pro se. Rachel Celia Ballow, Office of the United States Attorney, Alexandria, Virginia, for Appellee.
    Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge.
    Affirmed by unpublished PER CURIAM opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM:

Daron K Owens appeals the district court’s order granting judgment for the Defendant following a bench trial on July 22, 2003. The record does not contain a transcript of the evidence presented at trial that day. 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. See Fed. R.App. P. 10(b); 4th Cir. R. 10(c). An appellant proceeding on appeal in for-ma pauperis is entitled to transcripts at government expense only in certain circumstances. 28 U.S.C. § 753(f) (2000). By failing to produce a transcript or to qualify for the production of a transcript at government expense, Owens has waived review of the issues on appeal that depend upon the transcript to show error. See Powell v. Estelle, 959 F.2d 22, 26 (5th Cir.1992); Keller v. Prince George’s County, 827 F.2d 952, 954 n. 1 (4th Cir.1987). As no error appears on the record before us, 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 the court and argument would not aid the decisional process.

AFFIRMED  