Justus v. Zimny

ZIRPOLI, District Judge.

Plaintiff is an enlisted man in the United States Navy. He has instituted this action in an effort to prevent his separation from naval service. He seeks a temporary injunction preventing his discharge and a declaratory judgment under 28 U.S.C., Sections 2201, 2202 and 5 U.S.C., Section 1009, of the Administrative Procedure Act. A temporary restraining order preventing plaintiff’s discharge pending the decision in this case was ordered.

Plaintiff alleges that the defendants have violated applicable regulations and therefore he is uncertain of the basis upon which the…