Kelly

Kelly v. U.S. Census Bureau

Good Law
540 F. App'x 749
United States Court of Appeals for the Ninth CircuitDecember 9, 2013No. 11-17684California557 words

Opinion

Lead Opinion

MEMORANDUM **

John Michael Kelly appeals pro se from the district court’s grant of summary judgment in favor of the United States Census Bureau and the United States Department of Commerce (collectively “Census”) in Kelly’s action alleging violations of the Freedom of Information Act (“FOIA”) and the Privacy Act. We have jurisdiction under 28 U.S.C. § 1291 . We affirm in part, vacate in part, and remand.

We vacate and remand to the district court because it failed to enter sufficiently detailed findings of fact and conclusions of law. See Wiener v. FBI, 943 F.2d 972 , 987-88 (9th Cir.1991); Van Bourg, Allen, Weinberg & Roger v. NLRB, 656 F.2d 1356, 1357-58 (9th Cir.1981). On remand, the district court must provide an explanation, for each individual request, as to why it concludes that Census conducted an adequate search reasonably calculated to uncover all relevant documents responsive to the request. As part of its analysis, the district court must address threshold issues, including, inter alia, the following: 1) whether Census improperly interpreted the March 24, 2010 request to apply only to applicants and not hirees, and the legal significance of any such interpretation;…

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