Appellate Case: 11-9501 Document: 01018583872 Date Filed: 02/10/2011 Page: 1

FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit

FOR THE TENTH CIRCUIT February 10, 2011

_______________________________
Elisabeth A. Shumaker
STEVEN LEE CRAIG, Clerk of Court

Petitioner,

v. No. 11-9501

ERIC H. HOLDER, JR., United States

Attorney General,

Respondent.
_______________________________

ORDER
_______________________________

This matter is before the court on Petitioner’s two Motions for Subpoena Duces

Tecum, both filed today.

This appellate court does not engage in discovery. This court’s review is limited

to the record as it existed when the case ended in the agency or federal district court.

Thus, to the extent that Petitioner seeks discovery from the Respondent, that request is

denied.

To the extent that Petitioner is attempting to define the record for this court’s

review, that request is also denied. The composition of and the time for filing the record

is defined in our rules. Fed. R. App. P. 16, 17. The record is generally not transmitted

unless and until a case survives jurisdictional review. The jurisdictional issue remains

pending here, so no record is yet due. Petitioner’s requests are, at best, premature.
Appellate Case: 11-9501 Document: 01018583872 Date Filed: 02/10/2011 Page: 2

Any other relief requested in the two Motions for Subpoena Duces Tecum but not

specifically addressed in this order is also denied.

Entered for the Court,

ELISABETH A. SHUMAKER, Clerk

by: Lara Smith

Counsel to the Clerk