Opinion
22-6703
09-27-2022
DWIGHT ALEXANDER RUDISILL, Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee
Dwight Alexander Rudisill, Appellant Pro Se.
UNPUBLISHED
Submitted: September 22, 2022
Appeal from the United States District Court for the Western District of North Carolina, at Asheville. Martin K. Reidinger, Chief District Judge. (1:22-mc-00015-MR-WCM)
Dwight Alexander Rudisill, Appellant Pro Se.
Before WILKINSON, DIAZ, and RUSHING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Dwight Alexander Rudisill appeals the district court's order denying his Fed.R.Civ.P. 27(a) petition to perpetuate testimony. After reviewing the record, we conclude that the district court did not abuse its discretion in denying the unverified petition because Rudisill failed to show an immediate need to perpetuate testimony to prevent it from being lost. See Deiulemar Compagnia Di Navigazione S.p.A. v. M/V Allegra, 198 F.3d 473, 479, 484-85 &n.16 (4th Cir. 1999) (stating standard of review and addressing showing petitioner must make). Accordingly, we affirm the district court's order on this basis. Rudisill v. United States, No. 1:22-mc-00015-MR-WCM (W.D. N.C. May 26, 2022). 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