Jesus Estevez v. US Attorney's Office
Jesus Estevez v. US Attorney's Office
Opinion
1 NOT FOR PUBLICATION FILED 3 UNITED STATES COURT OF APPEALS AUG 21 2018 4 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS 5 FOR THE NINTH CIRCUIT JESUS ADOLFO ESTEVEZ, AKA Jesus No. 18-55161 Estevez, D.C. No. 3:15-cv-02941-AJB-JLB Petitioner-Appellant, v. MEMORANDUM* UNITED STATES ATTORNEY’S OFFICE FOR THE SOUTHERN DISTRICT OF CALIFORNIA; et al., Respondents-Appellees.
8 Appeal from the United States District Court 9 for the Southern District of California 10 Anthony J. Battaglia, District Judge, Presiding 12 Submitted August 15, 2018** Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
16 California state prisoner Jesus Adolfo Estevez, AKA Jesus Estevez, appeals pro se from the district court’s summary judgment in his Freedom of Information
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Estevez’s request for oral argument, set forth in his opening brief, is denied.
1 Act (“FOIA”) action arising out of his request for documents. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Animal Legal Def. Fund v. U.S. Food & Drug Admin., 836 F.3d 987, 988-89 (2016) (en banc) (summary judgment in FOIA cases); Guatay Christian Fellowship v. County of San Diego, 670 F.3d 957, 970 (9th Cir. 2011) (cross-motions for summary judgment). We affirm.
7 The district court properly granted summary judgment on Estevez’s FOIA requests because defendants’ declarations were reasonably detailed and showed that defendants “conducted a search reasonably calculated to uncover all relevant documents.” Hamdan v. U.S. Dep’t of Justice, 797 F.3d 759, 770-71 (9th Cir. 2015) (citations and internal quotation marks omitted) (setting forth requirements for demonstrating adequacy of search for documents).
13 We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
15 Estevez’s requests for appointment of counsel, set forth in his opening and reply briefs, are denied.
17 Estevez’s motion to file records under seal (Docket Entry No. 16) is denied.
18 AFFIRMED.
2 18-55161
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