Larnel W. Lofton v. U.S. Bureau of Prisons Wallace H. Cheney, General Counsel O.I. White, Warden

999 F.2d 543 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larnel W. LOFTON, Plaintiff-Appellant, v. U.S. BUREAU OF PRISONS; Wallace H. Cheney, General Counsel; O.I. White, Warden, Defendants-Appellees. No. 92-15314. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided July 23, 1993. Before HUG, LEAVY, Circuit Judges, and REAL, ** Chief District Judge. MEMORANDUM *** The issue in this case is whether the district court erred by converting a motion to dismiss into a motion for summary judgment and granting that motion in favor of the Bureau of Prisons ("BOP"). The court's jurisdiction arose because Lofton's claims were based on the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552 , and the Privacy Act, 5 U.S.C. § 552a. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse. I. Lofton attempted to recover documents that he had submitted to prison officials to show that he had been sexually assaulted by a prison…