Graves

Graves v. U.S. Equal Employment Opportunity Commission, EEOC

Good Law
144 F. App'x 626
United States Court of Appeals for the Ninth CircuitAugust 4, 2005No. 04-55845; D.C. No. CV-02-06842-GAFCalifornia412 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Ben Graves appeals pro se the district court’s judgment in favor of the Equal Employment Opportunity Commission (“EEOC”) and other federal and non-federal defendants in his action alleging violations under the Freedom of Information Act (“FOIA”), employment discrimination, retaliation, fraud, and conspiracy. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a grant of summary judgment. See Covey v. Hollydale Mobilehome Estates, 116 F.3d 830, 834 (9th Cir.1997). In a FOIA case, we review the grant of summary judgment first to confirm that an adequate factual basis supports the district court’s ruling and, second, to ensure that if such a basis exists, the ruling is not clearly erroneous. See Frazee v. United States Forest Serv., 97 F.3d 367 , 370 (9th Cir.1996). We may affirm on any ground supported by the record. See United States v. Lewis County, 175 F.3d 671, 679 (9th Cir.1999). We affirm.

We affirm summary judgment in favor of non-federal defendants, AdvanceMed Corporation and DynCorp, for the reasons set forth in the district court’s order entered on December 4, 2003.

*627 The district court properly granted summary judgment in…

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