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Davis v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 28, 2006

KIMO K. DAVIS, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.

The opinion of the court was delivered by: Herndon, District Judge

ORDER

Before the Court is a motion submitted by the government seeking an order from this Court compelling Attorney Andrea Smith, Petitioner Kimo Davis's ("Petitioner") former attorney, to submit an affidavit detailing her communications with Petitioner. (Doc. 8.) The government, however, offers no suggestion as to what authority might permit this Court to compel Attorney Smith - who is neither a party nor an attorney in this civil matter - to submit such an affidavit. Accordingly, this Court DENIES at this time the government's motion to compel. If the government desires to compel Attorney Smith to share her communications with Petitioner, it can either resubmit its motion with a discussion of the authority that allows this Court to compel a nonparty to take a specific course of action, or perhaps it may subpoena Attorney Smith itself and take her deposition. If Ms. Smith raises a privilege issue as the Government seems to contemplate, the Court can be called upon to take up the issue upon a proper motion.

IT IS SO ORDERED.

David R Herndon United States District Judge

20060728

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