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RIVERA-RODRIGUEZ v. COMMANDING OFFICER, ETC.

No. 77-1393.

596 F.2d 508 (1979)

David G. RIVERA-RODRIGUEZ, Petitioner, Appellant, v. COMMANDING OFFICER, FIRST U. S. ARMY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 18, 1979.

Attorney(s) appearing for the Case

Harry Anduze Montano, Hato Rey, P. R., with whom Calderon, Rosa-Silva & Vargas, Hato Rey, P. R., was on brief, for petitioner, appellant.

Jose A. Anglada, Asst. U. S. Atty., San Juan, P. R., with whom Julio Morales Sanchez, U. S. Atty., San Juan, P. R., was on brief, for defendants, appellees.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, JAMESON, Senior District Judge.

COFFIN, Chief Judge.

This is an appeal from an order of the district court dismissing a suit for injunctive relief by a national guard member who alleged that he timely filed a petition for discharge as a conscientious objector and that the army violated his due process rights by failing to consider the petition and transferring him to involuntary active duty. The court found that injunctive relief was premature, given the petitioner's failure to exhaust his administrative...

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