McEniry v. United States

OPINION

LYDON, Judge:

This case involves defendant’s refusal to permit plaintiff’s reenlistment into the United States Army Reserve. The court is presented with defendant’s motion to dismiss the case based on a lack of subject matter jurisdiction or in the alternative its motion for summary judgment. In response, plaintiff filed his opposition to defendant’s motion to dismiss, along with a cross-motion for summary judgment. Plaintiff maintains that defendant’s actions in denying his reenlistment were in violation of both due process standards and applicable regulations. After reviewing the…