Tootle v. Secretary of the Navy
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court filed by Senior Circuit Judge EDWARDS.
EDWARDS, Senior Circuit Judge.
Appellant Samuel E. Tootle, II, an enlisted member of the United States Navy, filed suit in the District Court invoking the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 551 et seq. (2000). His pro se petition seeks judicial review of a determination, made by a Navy physical evaluation board in 1997, that he was “fit for duty,” and, thus, not eligible for medical retirement. Upon a motion from the Secretary of the Navy (the “Government”), the District Court dismissed the case for lack of subject…
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