Miley v. Lovett, Secretary of Defense

DOBIE, Circuit Judge.

Captain William H. Miley (hereinafter called petitioner) sought a writ of habeas corpus in the United States District Court for the Eastern District of Virginia, contending that his commission as a captain in the Army of the United States had expired and that, illegally and against his will, he was being held subject to the rules, regulations and discipline of the Army. The District Court entered judgment against petitioner, discharging the writ and dismissing the petition. From this adverse decision, Miley has duly appealed to us. The opinion of the District Judge is…