Opinion
No. 10-5013.
Filed On: September 23, 2010.
BEFORE: Rogers, Griffith, and Kavanaugh, Circuit Judges.
ORDER
Upon consideration of the motion for summary affirmance, the response thereto, and the reply, it is
ORDERED that the motion for summary affirmance be granted. The merits of the parties' positions are so clear as to warrant summary action. See Taxpayers Watchdog, Inc. v. Stanley, 819 F.2d 294, 297 (D.C. Cir. 1987) (per curiam). Appellant responded to the joint motion for summary affirmance by addressing only one issue, the adequacy of the CIA's search. Appellant's doubts about a second, more expansive search do not rebut the presumption of good faith to be accorded the CIA's declaration. See Chambers v. U.S. Dep't of the Interior, 568 F.3d 998, 1003 (D.C. Cir. 2009) (citation omitted) (substantial weight traditionally accorded agency affidavits in FOIA "adequacy of search" cases). Furthermore, because appellant failed to address the other issues raised by appellees, the court will treat those issues as conceded. See U.S. v. Reeves, 586 F.3d 20, 25 (D.C. Cir. 2009), citing Doe v. District of Columbia, 93 F.3d 861, 875 n. 14 (D.C. Cir. 1996) (per curiam).
Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.