March 18, 1994 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 93-1825
ROBERT A. GILLIN,
Plaintiff, Appellant,
v.
U.S. DEPARTMENT OF THE ARMY,
Defendant, Appellee.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
[Hon. Steven J. McAuliffe, U.S. District Judge]
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Before
Breyer, Chief Judge,
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Torruella and Selya, Circuit Judges.
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Robert A. Gillin on brief pro se.
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Peter E. Papps, United States Attorney, and Gretchen Leah
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Witt, First Assistant U.S. Attorney, on brief for appellee.
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Per Curiam. Plaintiff brought a pro se action for
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declaratory relief under the Freedom of Information Act, 5
U.S.C. 552 ("FOIA"), claiming that the United States Army
Corps of Engineers wrongfully denied him access to a number
of documents which he asked to review relating to a
construction permit issued by the Corps. The district court
granted summary judgment to the defendant on the ground that
plaintiff had failed to raise a substantial issue relating to
the reasonableness of the Corps' search for the documents
requested. Although plaintiff insisted that the Corps' files
should contain additional documents, the Corps' detailed
affidavits asserted that it had produced all documents
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relating to the subject permit and explained the absence of
other documents. The court observed that the crux of
plaintiff's disagreement with the Corps apparently relates to
his perception that the permit was improperly issued, a
matter not reviewable under the guise of an FOIA action.
Reviewing the dismissal de novo, we agree with the district
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court's analysis and affirm substantially for the reasons set
forth in Judge McAuliffe's thorough memorandum and order of
May 28, 1993. We also find no abuse of discretion in the
district court's stay of discovery pending the outcome of the
summary judgment motion.
Affirmed.
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