Paul R. Duckworth v. Department of Navy Department of Justice

974 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Paul R. DUCKWORTH, Plaintiff-Appellant, v. DEPARTMENT OF NAVY; Department of Justice, Defendants-Appellees. No. 91-15921. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1992. * Decided Sept. 10, 1992. Before WALLACE, Chief Judge, and SCHROEDER and POOLE, Circuit Judges. MEMORANDUM 1 Duckworth appeals from the district court's summary judgment in favor of the government and denial of his motion for default judgment in his action under the Freedom of Information Act (FOIA). See 5 U.S.C. § 552 . The district court had jurisdiction pursuant to 5 U.S.C. § 552 and 28 U.S.C. § 1331 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291 . We review the district court's summary judgment de novo. Valandingham v. Bojorquez, 866 F.2d 1135, 1137 (9th Cir.1989). Whether the district court properly denied Duckworth's motion for default judgment is a mixed question of…