Van Mechelen v. United States Department of the Interior
Opinion
Lead Opinion
*706 MEMORANDUM **
Dan Van Mechelen appeals pro se from the district court’s summary judgment in favor of the Department of the Interior (“DOI”) in his action alleging that the DOI failed to comply with the disclosure requirements of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . “[I]n a FOIA case, we first determine whether the district judge had an adequate factual basis for decision, and if not, remand.” Fiduccia v. U.S. Dep’t of Justice, 185 F.3d 1035, 1040 (9th Cir.1999); see Lion Raisins v. U.S. Dept. of Agriculture, 354 F.3d 1072, 1078 (9th Cir.2004) (holding that “[wjhether a particular set of documents gives the court an adequate factual basis for its decision is a question of law that the court reviews de novo.”). “If there was an adequate factual basis, we will overturn the district court’s fact findings underlying its decision only for clear error.” Fiduccia, 185 F.3d at 1040 ; see Zemansky v. EPA, 767 F.2d 569, 571 (9th Cir.1985) (“In reviewing [district court’s decision regarding the adequacy of search for documents responsive to the FOIA request], the facts must be viewed in the light most favorable…