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HOOPER v. HARTMAN

No. 16058.

274 F.2d 429 (1959)

Selden G. HOOPER, Appellant, v. C. C. HARTMAN, Rear Admiral USN, Commandant, Eleventh Naval District, Appellee.

United States Court of Appeals Ninth Circuit.

December 4, 1959.

Attorney(s) appearing for the Case

Oscar F. Irwin, Hillyer & Crake, San Diego, Cal., for appellant.

Laughlin E. Waters, U. S. Atty., Jordan A. Dreifus, Richard A. Lavine, Asst. U. S. Attys., Los Angeles, Cal., for appellee.

Before FEE, CHAMBERS and BARNES, Circuit Judges.

PER CURIAM.

Hooper, a retired admiral of the regular Navy, challenges the right of the Navy to try him before a navy court martial for moral offenses. Unlike Toth in United States ex rel. Toth v. Quarles, 350 U.S. 11, 76 S.Ct. 1, 100 L.Ed. 8, Hooper was not confined or placed under restraint. Thus, there was no basis for habeas corpus in Hooper's case.

By naming the Commandant of the Eleventh Naval District (San Diego, Calif...

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