Opinion
No. 17-35384
03-23-2018
LESLIE G. KINNEY, Plaintiff-Appellant, v. CENTRAL INTELLIGENCE AGENCY, CIA, Defendant-Appellee.
NOT FOR PUBLICATION
D.C. No. 3:16-cv-05777-BHS MEMORANDUM Appeal from the United States District Court for the Western District of Washington
Benjamin H. Settle, District Judge, Presiding Before: LEAVY, M. SMITH, and CHRISTEN, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Leslie G. Kinney appeals pro se from the district court's summary judgment in his Freedom of Information Act ("FOIA") action arising out of his request for documents related to a specific individual that Kinney believed to be a former Office of Strategic Services agent. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Animal Legal Def. Fund v. U.S. Food & Drug Admin., 836 F.3d 987, 990 (9th Cir. 2016) (en banc), and we affirm.
The district court properly granted summary judgment because the agency provided an affidavit establishing that Exemption 1 of FOIA, 5 U.S.C. § 552(b)(1), precludes acknowledgment of the existence of the requested documents. See Hamdan v. U.S. Dep't of Justice, 797 F.3d 759, 774 (9th Cir. 2015) (an agency's invocation of a FOIA exemption is sufficient if it appears "logical" or "plausible" (citation and internal quotation marks omitted)); Berman v. CIA, 501 F.3d 1136, 1139 (9th Cir. 2007) ("[T]here exists a near- blanket FOIA exemption for CIA records" and the courts must "afford the CIA broad deference" (citation and internal quotation marks omitted)).
We do not consider matters not specifically and distinctly raised and argued in the opening briefs, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.