ROBERT L. BURNETT, JR., PLAINTIFF-APPELLANT,
v.
UNITED STATES OF AMERICA ET AL., DEFENDANTS-APPELLEES
ROBERT L. BURNETT, JR., PLAINTIFF-APPELLANT,
UNITED STATES OF AMERICA ET AL., DEFENDANTS-APPELLEES
433 F.2d 1356
Court of Appeals for the Fifth Circuit (1970)
Positive Treatment
Cited by 6 cases
Opinion of the Court
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Zerillo v. Local Bd. NO. 102, 440 F.2d 136 (8th Cir. 1971)
-
McLAIN v. Selective Serv. Local Bd. NO. 47, 439 F.2d 737 (8th Cir. 1971)
-
Frampton v. Davis, 464 F.2d 315 (5th Cir. 1972)
Authorities Cited
- Clark v. Gabriel, 393 U.S. 256 (U.S. 1968)
- Edwards v. Selective Serv. Local Bd. NO. 111, 432 F.2d 287 (5th Cir. 1970)