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

Fifth Circuit

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

433 F.2d 1356

CourtCourt of Appeals for the Fifth Circuit

DecidedNovember 23, 1970

Docket30176

StatusPublished

Cited by7 cases

This text of 433 F.2d 1356 (Robert L. Burnett, Jr. v. United States of America) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Robert L. Burnett, Jr. v. United States of America, 433 F.2d 1356 (5th Cir. 1970).

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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.

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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.

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433 F.2d 1356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-l-burnett-jr-v-united-states-of-america-ca5-1970.

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