CRAYCROFT
v.
FERRALL ET AL.
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The Supreme Court granted certiorari in a case concerning whether a servicemember's failure to exhaust remedies in the Court of Military Appeals precluded federal court review of constitutional claims. The Court vacated the Ninth Circuit's judgment requiring exhaustion of administrative remedies, which the Solicitor General conceded had either been exhausted or did not exist, and remanded for reconsideration of whether the Court of Military Appeals must be pursued before seeking federal court relief, noting a circuit conflict on this issue.
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Per Curiam.
The motion for leave to proceed in forma pauperis is granted.
Upon consideration of the suggestion of the Solicitor General and upon an examination of the entire record, the petition for a writ of certiorari is granted, the judgment of the United States Court of Appeals for the Ninth Circuit is vacated and the case is remanded to that court.
The Solicitor General concedes that the administrative remedies that the Court of Appeals held should first be exhausted by the petitioner, have either been exhausted or are nonexistent. The sole remaining question therefore seems to be whether petitioner’s failure to seek relief in the Court of Military Appeals precludes consideration of petitioner’s claims by the federal courts. While the Solicitor General concedes that resort to that judicial remedy does not preclude consideration of petitioner’s claim by the federal courts, there is a conflict among the circuits. It is for consideration of that question, or alternatively the merits, that the case is remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (11 total)
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Parisi v. Davidson, 405 U.S. 34 (U.S. 1972)…rejects Craycroft. Compliance with Army Regulation 635-20, not perfection of an ABCMR appeal, marks the point when military administrative procedures have been exhausted. Department of Justice Memo. No. 652 (Oct. 23, 1969). In Craycroft v. Ferrall, 397 U. S. 335, this Court vacated the judgment of the Ninth Circuit that the petitioner there had to appeal to the Board for the Correction of Naval Records before proceeding in federal court. But our decision was announced on March 30, 1970, more than four month…
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Strait v. Laird, 406 U.S. 341 (U.S. 1972)…. 2d 700 (CA4 1969); Brown v. Resor, 407 F. 2d 281 (CA5 1969); Packard v. Rollins, 422 F. 2d 525 (CA8 1970) ; Sertic v. Laird, 418 F. 2d 915 (CA9 1969). This Court has considered petitions for habeas corpus under DOD 1300.6 in Craycroft v. Ferrall, 397 U. S. 335 (1970), and Gillette v. United States, 401 U. S. 437 (1971). . 28 U. S. C § 2241 (c) (3) 28 U. S. C. § 2241 (c) (1) “[W]e cannot review the merits of appellant’s present claim that the Air Force in the case at bar did not comply with its own regu…
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SP/4 A. R. Montgomery, IV v. Rumsfeld, 572 F.2d 250 (9th Cir. 1978)…U.S. at 484, 91 S.Ct. at 1568; McKart v. United States, supra, 395 U.S. at 197, 89 S.Ct. 1657. In this connection, we remind the district court that our reasoning in Craycroft v. Ferrall, 408 F. 2d 587, 594-98 (9th Cir. 1969), vacated and remanded, 397 U.S. 335, 90 S.Ct. 1152, 25 L.Ed.2d 351 (1970), to the extent it is found [*255] applicable to the situation of appellants, may provide guidance.5 We are also informed that some of appellants do not wish to continue in this action and that others have been…1 / 2
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