Lilly v. Schwartz

OPINION

PAUL L. FRIEDMAN, District Judge.

The plaintiff is challenging his removal from the United States Army’s Active Guard and Reserve. He seeks to be reinstated to full active duty. This matter is before the Court on defendant’s motion to dismiss or, in the alternative, for summary judgment and on plaintiff’s motion for a declaratory judgment. After careful consideration of the parties’ papers, attached exhibits, and the relevant case law, statutes and regulations, the Court will grant defendant’s motion and will deny plaintiffs motion.

I. BACKGROUND

At all times relevant to this lawsuit,…