Reeves

MEMORANDUM **

Weldon Reeves appeals the district court’s summary judgment in favor of the Commissioner of the Social Security Administration (SSA) in Reeves’ declaratory judgment action seeking to compel 12 administrative law judges (ALJs) to testify regarding Reeves’ moral character in Reeves’ California State Bar reinstatement proceeding. We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291 and review the district court’s grant of summary judgment de novo. Buono v. Norton, 371 F.3d 543, 545 (9th Cir.2004).

Reeves argues that the Commissioner’s denial of Reeves’ request for the ALJs to testify was arbitrary. We will set aside the Commissioner’s decision only if “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A); United States v. Bean, 537 U.S. 71, 77 , 123 S.Ct. 584 , 154 L.Ed.2d 483 (2002); City of Sausalito v. O’Neill, 386 F.3d 1186 , 1206 (9th Cir.2004). The Commissioner applied the factors set forth in 20 C.F.R. § 403.130 and concluded that the testimony was not in SSA’s interest because the ALJs’ testimony could reveal the ALJs’ personal feelings for Reeves, compromising their appearance of…