Polk v. FBI, No. 16-15206, 693 F. App'x 553 (9th Cir. 2017) (per curiam)

Polk v. FBI, No. 16-15206, 693 F. App'x 553 (9th Cir. 2017) (per curiam)

Re:  Request for records concerning investigation of requester

Disposition:  Affirming district court's grant of defendant's motion for summary judgment

• Litigation Considerations, Adequacy of Search:  The Court of Appeals for the Ninth Circuit holds that "[t]he district court properly granted summary judgment because [the requester] failed to raise a genuine dispute of material fact as to whether the Federal Bureau of Investigation did not conduct a reasonable search for all responsive documents."  The district court previously held "that the search as described by [the government] in [its] declarations was reasonable and diligent, and sufficient to have located any files in which [the requester] was the subject of FBI investigation (i.e., an FBI main file on [the requester]), had any such files existed."
   
• Attorney Fees, Eligibility:  The Court of Appeals for the Ninth Circuit holds that "[t]he district court did not abuse its discretion in denying costs to [the requester], because the district court properly determined that [the requester] was not eligible for costs."