Kallmann v. Milburn

United States Court of Military Appeals

Kallmann v. Milburn

18 C.M.A. 649

United States Court of Military Appeals·Decided September 12, 1969·No. No. 69-43·Published

Opinion

On consideration of the Petition filed in the above-entitled action, it appearing that no court-martial proceedings are pending or threatened against petitioner and, since the extraordinary jurisdiction conferred by the All Writs Act, 28 USC § 1651, may be invoked only in aid of the exercise of our jurisdiction over court-martial cases properly before us or which may come here eventually (United States v Snyder, 18 USCMA 480, 40 CMR 192; Mueller v Brown, 18 USCMA 534, 40 CMR 246), it is, by the Court, this 12th day of September, 1969,

[650] ORDERED that said Petition be, and the same is, hereby dismissed.

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On consideration of the Petition filed in the above-entitled action, it appearing that no court-martial proceedings are pending or threatened against petitioner and, since the extraordinary jurisdiction conferred by the All Writs Act, 28 USC § 1651, may be invoked only in aid of the exercise of our jurisdiction over court-martial cases properly before us or which may come here eventually (United States v Snyder, 18 USCMA 480, 40 CMR 192; Mueller v Brown, 18 USCMA 534, 40 CMR 246), it is, by the Court, this 12th day of September, 1969,

[650] ORDERED that said Petition be, and the same is, hereby dismissed.

Kallmann v. Milburn, 18 C.M.A. 649 (cma 1969).

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Opinion

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