Strickland v. Danzig

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 10, 2000
• Docket: 00-60117
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 00-60117 Summary Calendar _____________________

MICHAEL D. STRICKLAND,

Plaintiff-Appellant,

versus

RICHARD DANZIG, Secretary of the Navy; DANIEL T. OLIVER, Vice Admiral, Chief of Personnel; RICHARD LOTH, Commander, Commanding Officer, Special Boat Unit Twenty-Two, LCDR; R. E. MILLER, Officer in Charge, Personnel Support Detachment Gulfport,

Defendants-Appellees. _________________________________________________________________

Appeal from the United States District Court for the Southern District of Mississippi USDC No. 1:99-CV-242-GR _________________________________________________________________ October 9, 2000

Before JOLLY, WIENER, and PARKER, Circuit Judges.

PER CURIAM:*

Richard D. Strickland appeals the district court’s summary

judgment dismissal of a complaint challenging his administrative

discharge from the Navy. Strickland was administratively processed

and discharged as the result of a plea of nolo contendere in

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. civilian court to indecent exposure. On appeal, he argues that the

Navy failed to follow its own regulations and it violated his

constitutional right to due process during the discharge

proceedings. He also argues that the district court erred when it

denied his request for a permanent injunction.

Strickland has failed to exhaust his administrative remedy

before the Board for Correction of Naval Records. See 10 U.S.C.

§ 1552; Woodard v. Marsh, 658 F.2d 989, 992 (5th Cir. 1981); Von

Hoffburg v. Alexander, 615 F.2d 633, 637-38 (5th Cir. 1980); Mindes

v. Seaman, 453 F.2d 197, 201 (5th Cir. 1971). Accordingly, his

appeal and complaint are dismissed for lack of jurisdiction. See

Hodges v. Callaway, 499 F.2d 417, 421 (5th Cir. 1974).

Strickland’s appeal of the district court’s denial of his request

for a permanent injunction is moot. He complained that if he were

discharged it would cause irreparable damage to his career in the

Navy. Strickland already has been discharged from the service.

Thus, the harm he sought to prevent already has occurred, and the

injunctive remedy is moot. See McClelland v. Gronwaldt, 155 F.3d

507, 514 (5th Cir. 1998).

APPEAL DISMISSED.