United States of America v. Lamont Tarkington, a.k.a. Michael Skaggs

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LAMONT TARKINGTON, a.k.a. Michael
Skaggs,
Defendant - Appellant.
No. 10-50351
D.C. No. 2:10-cm-00156-UA
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Christina A. Snyder, District Judge, Presiding
Submitted May 15, 2012**
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
California state prisoner Lamont Tarkington appeals pro se from the district
court’s denial of his motion for disclosure of cell site and cell tower records
furnished in connection with a grand jury investigation under Federal Rule of
FILED
MAY 18 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-50351 2
Criminal Procedure 6(e)(3)(E)(i). We affirm.
The district court did not abuse its discretion in denying Tarkington’s
motion. See Fed. R. Crim. P. 6(e)(3)(E)(i); Douglas Oil Co. of California v. Petrol
Stops Northwest, 441 U.S. 211, 228 (1979) (district court’s decision under Rule
6(e) reviewed for abuse of discretion). We express no opinion as to Tarkington's
entitlement to his cell site or cell tower records in either his pending state habeas
proceedings or any subsequently filed federal habeas action.
All pending motions are denied as moot.
AFFIRMED.

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