Shors
Shors v. Treasury Inspector General for Tax Administration
Opinion
Lead Opinion
MEMORANDUM **
Jay Shors, an employee of the Internal Revenue Service (“IRS”), appeals pro se the district court’s summary judgment in his Freedom of Information Act (“FOIA”) action seeking documents related to an investigation of Shors’ conduct towards his supervisor. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.
Where a district court sustains an agency’s claim to exemption from FOIA requirements, this court applies a two-part standard of review. First, we determine whether the district court had an adequate factual basis for its decision and, if it did, we review the factual findings for clear error. See Schiffer v. F.B.I., 78 F.3d 1405, 1409 (9th Cir.1996). We review de novo the district court’s determination that doe *100 uments fall within a statutory exemption. See id.
Here, the district court had an adequate factual basis for granting an exemption based on the Vaughn index and signed declarations of agency officials. See Lewis v. I.R.S., 823 F.2d 375, 378 (9th Cir.1987). Accordingly, the district court’s factual findings are not clearly erroneous. See id.
Pursuant to 5 U.S.C. § 552 (b)(7)(C), FOIA does not apply to information compiled for “law…