UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-1585

JACK A. SCHWANER,

Plaintiff - Appellant,

versus

DEPARTMENT OF DEFENSE,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Rebecca Beach Smith, District Judge. (CA-03-126-4)

Submitted: September 22, 2004 Decided: October 18, 2004

Before NIEMEYER, MOTZ, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Jack A. Schwaner, Appellant Pro Se. Anita K. Henry, Assistant United States Attorney, Norfolk, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Jack A. Schwaner appeals the district court’s order

granting the Department of Defense’s motion for summary judgment on

Schwaner’s civil action, which alleged that the Department

improperly denied his requests for the names and military addresses

of certain service personnel in violation of the Freedom of

Information Act (“FOIA”). We have reviewed the record and find no

reversible error. Accordingly, we affirm for the reasons stated by

the district court. See Schwaner v. Dep’t of Defense, CA-03-126-4

(E.D. Va. Apr. 30, 2004). We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED

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