SHAUN ROSIERE V. USA, No. 16-16144 (9th Cir. 2017)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUL 3 2017 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT SHAUN ROSIERE, U.S. COURT OF APPEALS No. 16-16144 Plaintiff-Appellant, D.C. No. 1:16-cv-00260-HG-RLP v. MEMORANDUM* UNITED STATES OF AMERICA, Defendant-Appellee. Appeal from the United States District Court for the District of Hawaii Helen W. Gillmor, District Judge, Presiding Submitted June 26, 2017** Before: PAEZ, BEA, and MURGUIA, Circuit Judges. Shaun Rosiere appeals pro se from the district court’s judgment dismissing for improper venue his action alleging violations of the Freedom of Information Act (“FOIA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo. Myers v. Bennett Law Offices, 238 F.3d 1068, 1071 (9th Cir. 2001). We may * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). affirm on any basis supported by the record, Thomson v. Paul, 547 F.3d 1055, 1057-59 (9th Cir. 2008), and we affirm. Dismissal of Rosiere’s action was proper because the district court lacked jurisdiction over Rosiere’s FOIA complaint. See 5 U.S.C. § 552(a)(4)(B) (the district court “in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, has jurisdiction” to provide relief); Carter v. U.S. Dep’t of Commerce, 307 F.3d 1084, 1088 (9th Cir. 2002) (noting district court’s jurisdiction under 5 U.S.C. § 552(a)(4)(B)). AFFIRMED. 2 16-16144

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