Kirch v. Baxter et al
Filing
19
ORDER signed by Judge J.P. Stadtmueller on 5/31/2017 DENYING 17 Plaintiff's Motion to Compel. (cc: all counsel, via mail to Douglas Kirch at Winnebago Correctional Center) (jm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
DOUGLAS KIRCH,
Plaintiff,
v.
KATIE BAXTER, CHAD
LEMEROND, and BOBBI JO
CHRISTOPHERSON,
Case No. 17-CV-235-JPS
ORDER
Defendants.
On May 11, 2017, Plaintiff filed a motion to compel discovery
responses. (Docket #17). Plaintiff states that he sent a letter to a government
office, presumably having some control over Plaintiff’s supervised release,
requesting certain records. See (Docket #17-1). That office has not responded
to Plaintiff’s letter. (Docket #17). Plaintiff’s motion must be denied. He asks
that the Court compel production of the requested records “pursuant to
Fed. R. Crim. P. 16[,] Brady v. Maryland[,] 373 U.S. 83 . . . (1963), and . . . 18
U.S.C.A. § 3500[.]” Id. These are criminal rules, cases, and statutes which
have no application to this civil case. Even assuming Plaintiff had cited the
correct law, the motion still fails at the outset for two reasons. First, the
motion has no indication that Plaintiff made a good faith attempt to resolve
the matter with Defendants prior to filing the motion. See Civil L. R. 37.
Second, and more importantly, Plaintiff seeks relief the Court cannot grant.
The Court cannot compel a non-party, the government office to which the
letter is directed, to respond to requests for production of documents.
Accordingly,
IT IS ORDERED that Plaintiff’s motion to compel (Docket #17) be
and the same is hereby DENIED.
Dated at Milwaukee, Wisconsin, this 31st day of May, 2017.
BY THE COURT:
____________________________________
J. P. Stadtmueller
U.S. District Judge
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