MOORE, PERCY EDWARD v. GONZALEZ, FBI DIRECTOR

Filing 54

ORDER denying 45 Motion to Compel discovery. Signed by Chief Judge Barbara B. Crabb on 5/1/09. (elc),(ps)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------P ER C Y EDWARD MOORE, ORDER Plaintiff, 0 6 - cv -6 9 7 - b b c v. FED ER AL BUREAU OF INVESTIGATION, D efendan t. --------------------------------------------T his is an action brought under the Freedom of Information Act, 5 U.S.C. § 5 5 2 (a ) ( 4 ) ( B ) . On March 26, 2009, I denied plaintiff's motion for a continuance of

defendant's motion for summary judgment pursuant to Fed. R. Civ. P. 56(f), finding that he was not entitled to the discovery he requested. Plaintiff had requested records of the behav ioral modification techniques program. I found that these documents were related to a June 6, 2006 request for information under the Freedom of Information Act which was not a part of this action. N ow plaintiff has filed a document entitled, "Reconsideration of Discovery" that was do cketed as a motion to compel discovery. In his pleading, he requests the court to order defendan t to produce the records of behavioral modification techniques program. This

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requ est must be denied because these records are not at issue in this case. Even if they were, p lain tiff would not be allowed to circumvent the Freedom of Information Act's exemptions sim ply by filing a lawsuit under the Act and obtaining exempted materials through discovery. AccordLindell v. McCaughtry, 115 Appx. 872, 876 (7th Cir. 2004) (inmate could not be allo w e d to "evade security restrictions by the simple expedient of filing suit and obtaining pro hibited materials through discovery") (nonprecedential disposition).

ORDER IT IS ORDERED that plaintiff's motion to compel discovery, dkt. #45, is DENIED E n tered this1st day of May, 2009. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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