Legal Opinion
Bratcher v. McNamara
Court of Appeals for the Ninth Circuit
Decided August 12, 1969No. 22865PublishedCited by 4 opinions
1Opinion of the Court
McNICHOLS, District Judge:
In this appeal a member of the armed services seeks the aid of the courts to secure a discharge from the Army as a conscientious objector. The district court dismissed the complaint below on the grounds: (a) that no cause of action was stated on which relief could be granted, and (b) that the court lacked jurisdiction. The complaint, containing eleven alleged causes of action, was essentially an application for a Writ of Habeas Corpus to compel the discharge of appellant from the Service. Jurisdiction below was claimed under 28 U.S.C. § 2241(c) (3) (Habeas Corpus);…
2Cases cited4 opinions
- Craycroft v. FerrallCourt of Appeals for the Ninth Circuit · 1969
- Nat Yanish v. Bruce G. Barber, District Director of Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1956
- Spokane County v. Air Base Housing, Inc.Court of Appeals for the Ninth Circuit · 1962
- Krieger v. TerryCourt of Appeals for the Ninth Circuit · 1969
3Cited by4 opinions
- Montgomery v. RumsfeldCourt of Appeals for the Seventh Circuit · 1978
- Richard G. Beaty v. Major General T. A. Kenan, Commanding Officer, United States Army Training Center, Ford Ord, CaliforniaCourt of Appeals for the Ninth Circuit · 1969
- Joseph Parisi v. Major General Phillip B. DavidsonCourt of Appeals for the Ninth Circuit · 1970
- Bratcher v. McnamaraCourt of Appeals for the Ninth Circuit · 1969