Michael S. Lovett v. Ralph Deangelos

39 F.3d 1187 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Michael S. LOVETT, Plaintiff-Appellant, v. Ralph DeANGELOS, Defendant-Appellee. No. 94-15628. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1994. * Nov. 8, 1994. Before: WRIGHT, BEEZER and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 The district court dismissed Michael Lovett's mandamus action for lack of subject matter jurisdiction. He appeals. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Lovett brought this action in the nature of mandamus under 28 U.S.C. Sec. 1361 against Social Security Administration employee DeAngelos. He asked the court to compel DeAngelos to comply with the requests for documents he made under the Freedom of Information Act, 5 U.S.C. Sec. 552 , and the Privacy Act, 5 U.S.C. Sec. 552a. The district court characterized his suit as a FOIA action. The district court dismissed his complaint under Fed.R.Civ.P. 12(b)(1) because the FOIA confers jurisdiction…