Robert G. McClure v. United States

54 F.3d 785 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert G. McCLURE, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-35835. United States Court of Appeals, Ninth Circuit. Submitted May 4, 1995. * Decided May 17, 1995. Before: BROWNING, REAVLEY ** and NORRIS, Circuit Judges. MEMORANDUM *** McClure appeals the district court's dismissal of contempt proceedings against FBI agent Montgomery for failure to comply with a state court order to provide McClure with documentary evidence in the FBI's possession that McClure claims is exculpatory. The district court held that it had no jurisdiction to hold a subordinate FBI agent in contempt for failing to comply with a court order when he was prevented from doing so by a valid regulation. We affirm. This case is controlled by the Supreme Court's decision in Touhy v. Ragen, 340 U.S. 462 (1951), and our recent decision in In re Boeh, 25 F.3d 761 (9th Cir. 1994). Both cases hold that a subordinate…