Nash

MEMORANDUM **

Joseph V. Nash, a former federal prisoner, appeals pro se from the district court’s summary judgment in favor of defendants in his action under the Freedom of Information Act, 5 U.S.C. § 552 , et seq. (“FOIA”), seeking documents pertaining to his incarceration. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s summary judgment regarding the applicability of a FOIA exemption. Lane v. Dep’t of Interior, 523 F.3d 1128, 1135 (9th Cir.2008). We affirm.

The district court properly concluded that Exemption 5 applies because the documents that defendants withheld are protected by the attorney work-product privilege. See 5 U.S.C. § 552 (b)(5) (exempting from disclosure “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.”); Pac. Fisheries Inc. v. United States, 539 F.3d 1143, 1148 (9th Cir.2008) (explaining that the attorney work-product privilege “shields both opinion and factual work product from discovery. Therefore, if a document is covered by the attorney work-product privilege, the government need not segregate and disclose its factual…