BREINZ v. COMMANDING GENERAL, FT. LEWIS, WASHINGTON

No. 26540.

439 F.2d 785 (1971)

Albert J. BREINZ, Plaintiff-Appellant, v. COMMANDING GENERAL, FT. LEWIS, WASHINGTON, Melvin R. Laird, Secretary of Defense, and Stanley Resor, Secretary of the Army of the United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 25, 1971.


Attorney(s) appearing for the Case

J. Byron Holcomb (argued), Wolfstone, Panchot & Bloch, Seattle, Wash., for plaintiff-appellant.

Douglas D. McBroom, Asst. U. S. Atty. (argued), Stan Pitkin, U. S. Atty., J. S. Obenour, Asst. U. S. Atty., Tacoma, Wash., for defendants-appellees.

Before KOELSCH, CARTER and WRIGHT, Circuit Judges.


WRIGHT, Circuit Judge:

Breinz appeals from the district court's denial of his petition for a writ of habeas corpus seeking release from the Army because his term of enlistment has allegedly been completed. This court has jurisdiction under 28 U.S.C. § 2253. We affirm because appellant failed to exhaust his available administrative remedies prior to seeking habeas corpus relief.

Appellant enlisted in the Army for a three-year term in June of 1967. He applied...

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