L. RUTHER, Plaintiff-Appellant, v. GETTYSBURG COLLEGE, Defendant-Appellee, 31 F. App'x 214

PER CURIAM. L. Ruther appeals the district court’s order dismissing his civil action. The record does not contain a transcript of the hearing on conducted on September 14, 2000. Ruther 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, Ruther has waived review of the issues on appeal which depend upon the transcript to show error. Keller v. Prince George’s Co., 827 F.2d 952, 954 n. 1 (4th Cir.1987). We therefore 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.