Legal Opinion

Sholars v. Matter

Court of Appeals for the Ninth Circuit

Decided January 11, 1974No. 71-3078PublishedCited by 6 opinions

1Opinion of the Court

BATTIN, District Judge:

Sholars appeals the dismissal for lack of jurisdiction of his petition for a writ of habeas corpus,1 He sought the writ on the grounds that he was illegally denied a conscientious objector discharge from the United States Navy. As the district court did not reach the merits of his claim, the only reviewable issue on this appeal is its conclusion regarding jurisdiction. This court’s power to proceed is founded upon 28 U.S.C. § 1291.

Sholars was commissioned after graduation from the United States Naval Academy in 1968. Until the filing of this petition he had had no…

2Cases cited15 opinions

  1. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
  2. Ex Parte EndoSupreme Court of the United States · 1945
  3. Ahrens v. ClarkSupreme Court of the United States · 1948
  4. Carbo v. United StatesSupreme Court of the United States · 1961
  5. Schlanger v. SeamansSupreme Court of the United States · 1971

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3Cited by6 opinions

  1. Padilla Ex Rel. Newman v. BushDistrict Court, S.D. New York · 2002
  2. United States Ex Rel. Roman v. SchlesingerDistrict Court, E.D. New York · 1975
  3. Pal v. United States Department of Homeland SecurityDistrict Court, W.D. Louisiana · 2020
  4. Sholars v. MatterCourt of Appeals for the Ninth Circuit · 1974
  5. Singh v. United States Department of Homeland SecurityDistrict Court, N.D. Texas · 2020

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