Fair Political Practices Commission, an agency of the State of California v. William Eisen

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
FAIR POLITICAL PRACTICES
COMMISSION, an agency of the State of
California,
Plaintiff - Appellee,
v.
WILLIAM EISEN,
Applicant-in-intervention -
Appellant,
UNITED STATES POSTAL SERVICE,
Defendant.
No. 12-16165
D.C. No. 2:12-cv-00093-GEB-
CKD
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of California
Garland E. Burrell, Jr., District Judge, Presiding
Submitted October 15, 2013**
Before: FISHER, GOULD, and BYBEE, Circuit Judges.
FILED
OCT 25 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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Willaim Eisen appeals pro se from the district court’s order denying his
motion to intervene in a Freedom of Information Act action. We have jurisdiction
under 28 U.S.C. § 1291. We review de novo the denial of intervention as of right.
Citizens for Balanced Use v. Mont. Wilderness Ass’n, 647 F.3d 893, 896 (9th Cir.
2011). We affirm.
The district court properly denied Eisen’s motion for intervention as of right
under Fed. R. Civ. P. 24(a)(2) because Eisen failed to demonstrate a significant
protectable interest in the action. See id. at 897 (setting forth four-part test for
determining intervention as of right, and explaining that to demonstrate a
significant protectable interest, the proposed intervener “must establish that the
interest is protectable under some law and that there is a relationship between the
legally protected interest and the claims at issue”); United States v. Alisal Water
Corp., 370 F.3d 915, 919 (9th Cir. 2004) (“The party seeking to intervene bears the
burden of showing that all the requirements for intervention have been met.”).
AFFIRMED.
12-16165 2

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