Lawrence v. McCarthy

BENAVIDES, Circuit Judge:

This appeal arises from the United States Marine Corps’s attempts to recall the appellant, Major Phillip Lawrence, to active duty in order to answer allegations of improper behavior. Lawrence is seeking injunctive relief from the military’s attempts to activate him in federal court. The district court, finding Lawrence’s suit meritless, denied relief and dismissed the complaint. Because we determine that the district court should have abstained from considering the case, given the presence of parallel proceedings in the military courts, we vacate the judgment of the…