SUSAN RICHARD NELSON, District Judge.
This matter came before the Court on three separate Objections [Doc. Nos. 315, 316, 317] to Magistrate Judge Graham's March 1, 2013 Order [Doc. No. 291]. First, Defendant objects to the denial of his motion to compel disclosure of historical bank robbery information for robberies occurring in Illinois in 2012 [Doc. No. 315]. Second, Defendant objects to the March 1 Order insofar as it did not prohibit the Government from monitoring Defendant's communications [Doc. No. 316]. Finally, Defendant objects to the March 1 Order with regard to its denial of Defendant's motion to compel the Government's weekly provision of an Imam [Doc. No. 317]. As set forth below, the Court overrules Defendant's objections and affirms Magistrate Judge Graham's March 1, 2013 Order.
"The standard of review applicable to an appeal of a magistrate judge's order on a nondispositive issue is extremely deferential."
In this motion, Defendant sought disclosure of bank robbery data related to robberies committed after he was apprehended. The robberies occurred in Illinois. Defendant sought "specific and public historical subject matter the Government . . . has in its control, with respect to bank robberies that occurred in Illinois
It is apparent that Defendant is already in possession of information that allegedly links the robberies with which he is charged and those that occurred after his incarceration. Aside from that, the Court agrees with Magistrate Judge Graham's conclusion that Defendant has failed to establish materiality with regard to all robberies that occurred in Illinois in 2012. Accordingly, because Defendant has not demonstrated why information related to every bank robbery in Illinois during 2012 is material to the preparation of his defense, Magistrate Judge Graham's ruling is not clearly erroneous or contrary to law. Therefore, Defendant's objection is overruled.
Next, Defendant objected to Magistrate Judge Graham's order denying Defendant's motion to "disallow the Government from censoring" his communications. (Objection to Order Disallowing Censorship at 1 [Doc. No. 316].) Defendant claims he has lost potential defense witnesses because he has not been free to communicate without Government censorship. (
Magistrate Judge Graham denied Defendant's motion for two reasons. First, relying on precedent from the Supreme Court and the Eighth Circuit, Magistrate Judge Graham found that Sherburne County Jail was authorized to open and review Defendant's mail. (Order of Mar. 1, 2013 at 2-3, [Doc. No. 291] (
The Court agrees with Magistrate Judge Graham's conclusions. First, monitoring by Sherburne County Jail is entirely appropriate, in accordance with its established practice, for institutional safety, especially when the letters were voluntarily written and sent.
Finally, Defendant moved for an order requiring the Government to provide him with regular visitation from a "learned Imaum." (Mot. Compel Gov't Provide Imaum at 1, [Doc. No. 259] (emphasis in original).) Magistrate Judge Graham denied the motion as moot because the Government represented that it was endeavoring to find an Imam willing to travel to Sherburne County. Defendant objects, arguing he did not ask the Court to require the Government to search for an Imam, but rather, to provide an Imam. Defendant's objection is overruled.
First, Defendant's criminal case is not a "catch-all" through which he may challenge every condition of confinement. Issues related to diet, medical care, and provision of religious services, while important, are unrelated to the crimes with which Defendant is charged or the preparation of his defense. As this Court has advised Defendant, the subject matter of his motions must be confined to "arguments or challenges regarding his criminal case." (Order of Nov. 27, 2012 at 1, [Doc. No. 155].) More importantly, however, searching for a willing Imam is a necessary precursor to providing an Imam. Thus, because the relief sought by Defendant was already in progress, denial of the motion as moot was appropriate. Accordingly, Defendant's objection is overruled.
Based on the foregoing, and all the files, records, and proceedings herein,