Aguirre

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

10 MICHAEL J. AGUIRRE, Case No. 19-cv-587-BAS-BLM 11 Plaintiff, ORDER GRANTING DEFENDANT’S MOTION FOR

SUMMARY JUDGMENT

v. [ECF No. 12]

U.S. NUCLEAR REGULATORY

COMMISSION,

15 Defendant. 16 Plaintiff Michael Aguirre filed a complaint against Defendant United States Nuclear Regulatory Commission (“NRC”). In sum, in March 2019, Plaintiff requested documents from NRC pursuant to the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. Plaintiff seeks a declaratory judgment that the NRC’s failure to respond to his requests was unlawful, an order compelling the NRC to release the documents, and attorney’s fees. (“Compl.,” ECF No. 1.) I. FACTUAL BACKGROUND Plaintiff alleges safety violations are occurring on a nuclear site in San Diego, California that the NRC is charged with overseeing. (Compl. ¶ 4.) One of these violations allegedly occurred on August 3, 2018, where “the utility’s staff misaligned a canister storing approximately…