United States of America, Plaintiff--appellee, v. Samuel Thomas Lawson, Defendant--appellant, 74 F.3d 1234 (4th Cir. 1996)

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U.S. Court of Appeals for the Fourth Circuit - 74 F.3d 1234 (4th Cir. 1996)

Submitted Jan. 11, 1996. Decided Jan. 24, 1996

Samuel Thomas Lawson, Appellant Pro Se. Paul Alexander Weinman, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.

Before RUSSELL, HALL, and WILKINSON, Circuit Judges.


Samuel Thomas Lawson appeals from an order entered by a magistrate judge pursuant to 28 U.S.C. § 636(b) (1) (1988) denying his motion to compel the Government to participate in discovery. We affirm.

Lawson's request was unsupported by any showing that the desired discovery was required for any pending litigation. Thus, the magistrate judge did not abuse his discretion in denying the motion. Fed. R. Civ. P. 26(b) (1); cf. 18 U.S.C. § 3504 (1988) (admissions regarding surveillance not discoverable if no action pending).

We affirm the magistrate judge'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.