Robert L. Burnett, Jr. v. United States of America

433 F.2d 1356

Opinion

PER CURIAM:

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 preinduction 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.