James Whitney v. DOJ

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 25, 2019
• Docket: 18-1338
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 18-1338 ___________________________

James E. Whitney, ADC #163817

lllllllllllllllllllllPlaintiff - Appellant

v.

United States Department of Justice

lllllllllllllllllllllDefendant - Appellee ____________

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock ____________

Submitted: December 21, 2018 Filed: January 25, 2019 [Unpublished] ____________

Before BENTON, SHEPHERD, and STRAS, Circuit Judges. ____________

PER CURIAM.

James E. Whitney appeals the district court’s1 grant of summary judgment to the United States Department of Justice in his pro se Freedom of Information Act

1 The Honorable D. P. Marshall, Jr., United States District Judge for the Eastern District of Arkansas. (FOIA) action. Having carefully reviewed the record and the parties’ arguments on appeal, we find no error in the district court’s decision. See Miller v. U.S. Dep’t of State, 779 F.2d 1378, 1382 (8th Cir. 1985) (in FOIA cases, grant of summary judgment is appropriate where “the agency proves that is has fully discharged its obligations under FOIA, after the underlying facts and inferences to be drawn from them are construed in the light most favorable to the FOIA requester”). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. ______________________________

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