Herrick v. Cushman

MEMORANDUM OPINION and ORDER

LARKINS, District Judge:

This cause is before this Court on defendant’s motion to dismiss for lack of jurisdiction over the subject matter, and for failure to state a claim upon *1144which relief can be granted, filed June 5, 1974. No response has been filed by the plaintiff to defendant’s motion. Plaintiff, Jerry L. Herrick, in his complaint requested a writ of habeas corpus ordering his release from active duty in the Marine Corps and restoration to Ready Reserve status. By order of this Court on May 6, 1974, plaintiff's request for writ of habeas corpus was denied…