Ibarra-Cortez

Ibarra-Cortez v. Drug Enforcement Administration

Good Law
36 F. App'x 598
United States Court of Appeals for the Ninth CircuitJune 10, 2002No. 01-56220; D.C. No. CV-99-01631-MJL/LSPCalifornia499 words

Opinion

Lead Opinion

MEMORANDUM *

Jose Antonio Ibarra-Cortez (“Ibarra-Cortez”) appeals from the district court’s judgment determining that the Drug Enforcement Administration (“DEA”) properly denied his Freedom of Information Act (“FOIA”) request for all records linking him to drug trafficking activities. The facts and prior proceedings are known to the parties, and are restated herein only as necessary.

I

We possess appellate jurisdiction despite the fact that Ibarra-Cortez pursued this appeal while litigating his civil rights claims with the district court. The district court has now dismissed those claims and no other claims remain pending with the district court. “[Ojrders adjudicating only some of the claims may be treated as final orders if the remaining claims have subsequently been finalized.” Anderson v. All-state Ins. Co., 630 F.2d 677, 680 (9th Cir. 1980). Thus, we possess jurisdiction to reach the merits of this appeal.

II

Kevin Janet’s affidavits satisfy the DEA’s burden in showing that the requested documents fall within the FOIA law enforcement exemption for confidential sources. See 5 U.S.C. § 552 (b)(7)(D). Janet’s affidavits identify each document withheld and show that each…

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