Legal Opinion

Smalls v. United States

District Court, D. Hawaii

Decided February 29, 2000No. Civ. 98-00908SPKBMKPublishedCited by 10 opinions

1Opinion of the Court

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

SAMUEL P. KING, District Judge.

I. INTRODUCTION

Plaintiff Eugene Smalls (“Plaintiff’) seeks to upgrade his discharge from the U.S. Marine Corps (“Marine Corps”). The defendants named in the suit include the Secretary of the Navy, the Department of the Navy, and the Board for Correction of Naval Records (“BCNR”) (collectively “Defendants”). Defendants move to dismiss the complaint as time-barred and for failure to meet the jurisdictional requirements of the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq. The Court…

2Cases cited16 opinions

  1. Michael Henry Ferdik v. Joe Bonzelet, SheriffCourt of Appeals for the Ninth Circuit · 1992
  2. Richard E. Loux v. B. J. Rhay, WardenCourt of Appeals for the Ninth Circuit · 1967
  3. Mobley v. McCormickCourt of Appeals for the Tenth Circuit · 1994
  4. Smith v. JacksonCourt of Appeals for the Ninth Circuit · 1996
  5. Calvin Geyen, Jr. v. John O. Marsh, Jr., Secretary of the United States ArmyCourt of Appeals for the Fifth Circuit · 1985

11 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Smalls, Eugene C. v. United StatesCourt of Appeals for the D.C. Circuit · 2006
  2. Johnnie E. GREEN, Appellant, v. Hon. Thomas E. WHITE, Secretary of the ArmyCourt of Appeals for the Third Circuit · 2003
  3. Lebrun v. EnglandDistrict Court, District of Columbia · 2002
  4. Davis v. United StatesCourt of Appeals for the Sixth Circuit · 2009
  5. Havens v. MabusDistrict Court, District of Columbia · 2012

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API