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SHOLARS v. MATTER

No. 71-3078.

491 F.2d 279 (1974)

Lieutenant Robert E. SHOLARS, United States Navy, 732010, Petitioner-Appellant, v. Rear Admiral Alfred R. MATTER, Commandant, 12th Naval District, Treasure Island, California, and Vice Admiral Dick H. Guinn, USN, Chief of Naval Personnel, Washington, D. C., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

January 11, 1974.

Attorney(s) appearing for the Case

John Vaisey (argued), of Somers, Kallen & Vaisey, San Francisco, Cal., for petitioner-appellant.

James R. Browning, U. S. Atty., Joseph Reeves, Asst. U. S. Atty. (argued), San Francisco, Cal., for respondents-appellees.

Before BROWNING and WRIGHT, Circuit Judges, and BATTIN, District Judge.

BATTIN, District Judge:

Sholars appeals the dismissal for lack of jurisdiction of his petition for a writ of habeas corpus.1 He sought the writ on the grounds that he was illegally denied a conscientious objector discharge from the United States Navy. As the district court did not reach the merits of his claim, the only reviewable issue on this appeal is its conclusion regarding jurisdiction. This court's power to proceed is founded...

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