John Gilmore v. National Security Agency

76 F.3d 386 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John GILMORE, Plaintiff-Appellant, v. NATIONAL SECURITY AGENCY, Defendant-Appellee. No. 94-16165. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1995. * Decided Dec. 11, 1995. Before: PREGERSON, BRUNETTI, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The issues in this appeal are whether the district court abused its discretion in declining to issue an injunction requiring the NSA to improve the timeliness of its Freedom of Information Act (FOIA) processing 1 and whether the district court erred in declining to grant declaratory relief. 3 On May 2, 1994, after reconsidering an earlier order, the district court determined that there were no genuine issues of material fact and granted summary judgment for defendant NSA. Gilmore now appeals. We have jurisdiction under 28 U.S.C. § 1291 . We affirm. ANALYSIS 4 We review a district court's denial of injunctive relief for an abuse of…