Opinion · Court of Appeals for the Fifth Circuit
Harry M. Katz, M.D. v. John L. Briggs, United States Attorney
550 F.2d 310
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1977-04-08
- Topic
- general
PER CURIAM: The plaintiff was convicted of making false statements regarding medicare claims. See United States v. Katz, 455 F.2d 496 (5th Cir. 1972), cert. denied, 408 U.S. 923, 92 S.Ct. 2491, 33 L.Ed.2d 334. In an independent action in the court below he filed a motion to compel the United States Attorney to produce all evidence gathered against him and all documents accumulated in his prosecution, including investigators’ reports, time sheets, and statements. Relying on the business records statute, 28 U.S.C. § 1732, and Fed.R.Civ.P. 81(b) for jurisdiction, plaintiff contended that evidence favorable to his defense and exculpatory material was deliberately suppressed by the prosecution.
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- Cited by
- 4 opinions
John L. Briggs, U.S. Atty., Jacksonville, Fla., Anthony J. LaSpada, Asst. U.S. Atty., Tampa, Fla., for defendants-appellees.
[2] On appeal, plaintiff contends that he seeks the materials "in support of a pending action,28 U.S.C. § 2255, which involves the rule ofBrady v. Maryland,373 U.S. 83[83 S.Ct. 1194,10 L.Ed.2d 215] (1963)." The appellant also contends, for the first time on appeal, that the documents sought must be made available to him under the Freedom of Information Act,5 U.S.C. §§ 552and552a. However, appellant admits that he has not complied with the regulations under the Act for obtaining access to the documents.
[3] The district court had no jurisdictional basis for entertaining the action asserted. We therefore lack jurisdiction of the appeal. Without prejudice to plaintiff's rights to pursue his remedies under the Freedom of Information Act,see United Statesv. Murdock,548 F.2d 599(5th Cir. 1977), or as a proper part of an action for relief under28 U.S.C. § 2255, the appeal is
[4] DISMISSED.
- Rule 18, 5 Cir.;see Isbell Enterprises, Inc. v. CitizensCasualty Co. of New York et al.,5 Cir., 1970,431 F.2d 409, Part I. ↩