Legal Opinion

Bemis v. Whalen

District Court, S.D. California

Decided May 12, 1972No. Civ. 71-465PublishedCited by 12 opinions

1Opinion of the Court

ORDER DENYING RELIEF

GORDON THOMPSON, Jr., District Judge.

By a Petition filed on December 8, 1971, as amended on January 17, 1972, the petitioner made application for a Writ of Habeas Corpus, alleging that he is unlawfully detained and restrained of his liberty by the respondents. Jurisdiction is conferred on this Court by 28 U. S.C. § 2241.

The petitioner alleges that the restraint of his liberty is illegal and void, in that he was induced to enlist in the United States Marine Corps by false representations by a Marine recruiting officer. In addition, he alleges that the Marine Corps has…

2Cases cited4 opinions

  1. Jones v. CunninghamSupreme Court of the United States · 1963
  2. In Re GrimleySupreme Court of the United States · 1890
  3. In Re Phillips'petitionDistrict Court, S.D. California · 1958
  4. Orloff v. Willoughby, Colonel, U.S. ArmyCourt of Appeals for the Ninth Circuit · 1952

3Cited by12 opinions

  1. Jackson v. United StatesUnited States Court of Claims · 1978
  2. Pence v. BrownCourt of Appeals for the Eighth Circuit · 1980
  3. Santos v. FranklinDistrict Court, E.D. Pennsylvania · 1980
  4. Withum v. O'CONNORDistrict Court, D. Puerto Rico · 1981
  5. Karlin v. ClaytonDistrict Court, D. Kansas · 1981

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