Rouse

Rouse v. United States Department of State

Good Law
567 F.3d 408·2009 WL 1425430·2009 U.S. App. LEXIS 15327
United States Court of Appeals for the Ninth CircuitMay 22, 200906-15967California4,594 words

Opinion

Opinion

O'Scannlain, J.

ORDEg AMENDING OPINION AN® AMENDED OPINION

ORDER

I

The opinion filed in this case on November 24, 2008, 548 F.3d 871 , is amended as follow:

At page 15723, 548 F.3d at 876 , of the slip opinion, line 23, after the sentence concluding < accuracy and access claims. > delete the remainder of the language in that Part and replace with discussion, however, is limited to his accuracy claims.

Because Rouse concedes that he received a copy of his full embassy file, his access claims are moot.

We review the district court’s dismissal of Rouse’s claims de novo, see Weber v. Dep’t of Veterans Affairs, 521 F.3d 1061, 1065 (9th Cir.2008), accepting “all material allegations of the complaint” as true and construing “all reasonable inferences” in favor of the nonmoving party, Navarro v. Block, 250 F.3d 729, 732 (9th Cir.2001). >

At page 15727, 548 F.3d at 877-78 , of the slip opinion, line 4, delete the two sentences and footnotes following the sentence concluding with 652E. >

At page 15727, 548 F.3d at 878 , of the slip opinion, line 9, delete < Having decided that the statute of limitations with respect to Rouse’s “accuracy” claims is not jurisdictional, we > and replace with.

At…

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