Dresselhaus v. Pugh

ZIRPOLI, District Judge.

Plaintiff is an enlisted man in the United States Navy. He has instituted this action in an effort to prevent his separation from naval service. He seeks a temporary injunction preventing his discharge and a declaratory judgment under 28 U.S.C., §§ 2201, 2202, and 5 U.S.C., § 1009. A temporary restraining order preventing plaintiff’s discharge pending the decision in this case was ordered.

Plaintiff alleges that the defendants have violated applicable regulations and acted in excess of the statutory authority granted by Congress. He further alleges that the action of…