Humbarger

MEMORANDUM **

D. Carl Humbarger appeals pro se from the district court’s grant of summary judgment to the Equal Employment Opportunity Commission (“EEOC”). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court reviewed a declaration from the EEOC and examined the documents in camera, and thus had an adequate factual basis for its decision to exempt two EEOC investigative memoranda from disclosure under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 522 (b)(5). See Lion Raisins Inc. v. U.S. Dept. of Agric., 354 F.3d 1072, 1078 (9th Cir.2004). The declaration explained that the memoranda were predecisional and part of the agency’s deliberative process, so that their disclosure would expose the EEOC’s decision-making process and inhibit the agency’s ability to perform its function. The district court did not clearly err in concluding that the FOIA exemption applied because “disclosure of the requested information would reveal [somejthing about the agency’s decisional process.” Id. (quotations omitted).

*521 The district court properly dismissed the claims under 42 U.S.C. § 1988 against the EEOC and individual EEOC employees. There is no express or…