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Burnett v. United States

United States Court of Appeals, Fifth Circuit
Nov 23, 1970
433 F.2d 1356 (5th Cir. 1970)

Opinion

No. 30176.

November 23, 1970.

Robert L. Burnett, Jr., pro se.

William D. Ruckelshaus, Asst. Atty. Gen., Roby Hadden, U.S. Atty., J.F. Bishop, Thomas J. Press, Attys., Dept. of Justice, Washington, D.C., for defendants-appellees.

Before JOHN R. BROWN, Chief Judge, and DYER and INGRAHAM, Circuit Judges.


Burnett appeals from the District Court's denial of his motion for a permanent injunction to prevent his induction into the armed forces. To justify pre-induction judicial review, Burnett claims that his local Selective Service Board had no basis in fact for refusing to classify him IV-F or I-Y for medical reasons. Without evaluating the merits of Burnett's claim, we conclude that the District Court had no jurisdiction to entertain his demand for pre-induction judicial review. 50 U.S.C.A. App. § 460(b)(3); accord, Clark v. Gabriel, 1968, 393 U.S. 256, 258-259, 89 S.Ct. 424, 21 L.Ed.2d 418; Edwards v. Selective Service Local Bd. No. 111, 5 Cir. 1970, 432 F.2d 287. Consequently this Court has no jurisdiction to consider an appeal.

Appeal dismissed.


Summaries of

Burnett v. United States

United States Court of Appeals, Fifth Circuit
Nov 23, 1970
433 F.2d 1356 (5th Cir. 1970)
Case details for

Burnett v. United States

Case Details

Full title:Robert L. BURNETT, Jr., Plaintiff-Appellant, v. UNITED STATES of America…

Court:United States Court of Appeals, Fifth Circuit

Date published: Nov 23, 1970

Citations

433 F.2d 1356 (5th Cir. 1970)

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