Ashe v. McNamara

SWEENEY, Chief Judge.

The plaintiff seeks a declaratory judgment, 28 U.S.C. § 2201, that his conviction and sentence by a general court-martial are invalid and prays for a mandatory injunction pursuant to 28 U.S.C. § 1361, requiring the defendant to remove the plaintiff’s dishonorable discharge. The defendant has moved for summary judgment.

The complaint and the affidavits and documents filed in connection with the motion indicate the following, essentially undisputed, facts. The plaintiff, then a Steward 3d Class in the Navy, and two codefendants were, on May 5, 1945, tried by a general…