Legal Opinion
Mosley v. Secretary of the Navy
District Court, E.D. Pennsylvania
Decided September 30, 1981No. Civ. A. 81-0947PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM
GILES, District Judge.
Plaintiff, a former Marine Corps Sergeant, sues to challenge his administrative discharge as arbitrary and unconstitutional. The government moves for dismissal or summary judgment on the grounds that jurisdiction is lacking and the action is barred by laches. The motion will be granted.
On the recommendation of the Enlisted Performance Board (EPB), plaintiff was discharged, and his request for reenlistment denied, in April, 1971. 1 Over five years later, in September, 1976, plaintiff began to pursue his administrative remedy by appealing to the Board for…
2Cases cited7 opinions
- Kenneth Wayne Nelson v. Charles K. Miller, Captain, United States Navy, Etc.Court of Appeals for the Third Circuit · 1967
- Joseph S. Neal v. Secretary of the Navy and Commandant of the Marine CorpsCourt of Appeals for the Third Circuit · 1981
- Gruca v. United States Steel Corp.Court of Appeals for the Third Circuit · 1974
- Cason v. United StatesUnited States Court of Claims · 1973
- Neal v. Secretary of the NavyDistrict Court, E.D. Pennsylvania · 1979
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Edward Spannaus v. U.S. Department of JusticeCourt of Appeals for the D.C. Circuit · 1987
- Calvin Geyen, Jr. v. John O. Marsh, Jr., Secretary of the United States ArmyCourt of Appeals for the Fifth Circuit · 1985
- Karl Ballenger v. John O. Marsh, Jr., Secretary of the ArmyCourt of Appeals for the Eighth Circuit · 1983
- June v. Secretary of the NavyDistrict Court, M.D. Pennsylvania · 1982
- Long v. UNITED STATES DEPT. OF DEFENSEDistrict Court, E.D. New York · 1985
4 more not listed; retrieve them via the Exa API.