Kisala v. Jenny Craig Weight

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 95-3136

NSONSA KISALA, Plaintiff - Appellant,

versus

JENNY CRAIG WEIGHT LOSS CENTRES, INCORPORATED, Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-95-520-A)

Submitted: July 23, 1996 Decided: July 30, 1996

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges. Affirmed by unpublished per curiam opinion.

Nsonsa Kisala, Appellant Pro Se. James N. Foster, Jr., MCMAHON & BERGER, St. Louis, Missouri, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Appellant appeals the from the jury's verdict in favor of the Defendant on his Title VII claim of sexual discrimination. In sup- port of this appeal, he alleges several trial errors and requests

provision of a transcript at government expense to aid him in the development of issues raised by these errors. We find a transcript

to be unnecessary in determining the validity of Appellant's asserted trial errors, but note that even were such a transcript necessary, Appellant has failed to demonstrate a substantial question warranting its preparation and provision at government

expense. See 28 U.S.C.A. § 753(f) (West 1995) (providing standard for provision of transcript at government expense); Maloney v. E.

I. DuPont de Nemours & Co., 396 F.2d 939, 940 (D.C. Cir. 1967) (explaining that appellant bears the burden of demonstrating a substantial question), cert. denied, 396 U.S. 1030 (1970). We therefore deny Appellant's motion. We also find that none of Appel- lant's allegations of error entitle him to either reversal of the

judgment or a new trial. Accordingly, we affirm the jury's verdict in favor of the Defendant.* We dispense with oral argument because the facts and legal contentions are adequately presented in the ma-

terials before the court and argument would not aid the decisional process.

AFFIRMED

*

We also deny Appellant's motion for appointment of counsel.