Legal Opinion · Dissent

Sholars v. Matter

Court of Appeals for the Ninth Circuit

Decided January 11, 1974No. 71-3078Published

1DissentBrowning, Circuit Judge

(dissenting) :

The court’s opinion implicitly recognizes that to establish jurisdiction in a given district under 28 U.S.C. § 2241 a petitioner need only show meaningful contacts with the custodial authority in that district at the time of filing. Ante at p. 282; Strait v. Laird, 406 U.S. 341, 343, 92 S.Ct. 1693, 32 L.Ed.2d 141 (1972). I agree with this reading of Strait. In my opinion, however, appellant’s contacts with the military in the Northern District of California on November 23, 1971, were at least as “meaningful” as those in Guam or the Central District of California. I therefore…

2Cases cited6 opinions

  1. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
  2. Strait v. LairdSupreme Court of the United States · 1972
  3. Richard A. Miller v. The Honorable John A. Chafee, Secretary of the Navy, and J. D. Stevens, Cdr., Commander Escort Squadron OneCourt of Appeals for the Ninth Circuit · 1972
  4. Raymond F. Carney, Jr. v. Secretary of Defense, Melvin LairdCourt of Appeals for the First Circuit · 1972
  5. Piland v. EidsonCourt of Appeals for the Ninth Circuit · 1973

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