Legal Opinion

Peters v. Secretary of Army

District Court, E.D. Wisconsin

Decided April 19, 1978No. 77-C-145Published

1Opinion of the Court

REYNOLDS, Chief Judge.

Petitioner Russell Peters has filed a petition for writ of habeas corpus or mandamus pursuant to 28 U.S.C. § 2241(a), (c)(1), and (c)(3); 28 U.S.C. § 1331; 28 U.S.C. § 1361; and 28 U.S.C. § 1651, alleging that his reassignment from the Army Reserves to active duty was in violation of administrative and constitutional due process and regulatory rights under Army Regulation (“AR”) 135— 91. On March 17, 1977, the Court with the consent of the Government entered a temporary restraining order in petitioner’s favor pending disposition of this action on the merits. Both parties…

2Cases cited6 opinions

  1. Gonzales v. United StatesSupreme Court of the United States · 1955
  2. Timothy Wayne Hall v. Edward R. Fry, Lieutenant General, the Adjutant General, State of Kansas, and Robert F. Froehlke, Secretary of ArmyCourt of Appeals for the Tenth Circuit · 1975
  3. Feeny v. SmithDistrict Court, D. Utah · 1973
  4. John T. Rohe v. Robert T. Froehlke, Secretary of the Army, and Commanding General, First United States ArmyCourt of Appeals for the First Circuit · 1974
  5. Schulz v. ResorDistrict Court, E.D. Wisconsin · 1971

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