LAWRENCE v. McCARTHY

No. 02-30966.

344 F.3d 467 (2003)

Phillip Lawrence, Plaintiff-Appellant, v. D.M. Mccarthy, Lieutenant General, United States Marine Corps, Commander, Marine Forces Reserve; J.M. Codega, Lieutenant Colonel, United States Marine Corps Reserve, Investigating Officer; C.C. Miller, Major, United States Marine Corps, Trial Counsel; M.E. Sayegh, Major, Trial Counsel, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Revised September 4, 2003.


Attorney(s) appearing for the Case

John Bennett Wells (argued), Slidell, LA, for Plaintiff-Appellant.

Stevens E. Moore (argued), and Stephen A. Higginson, Asst. U.S. Attys., New Orleans, LA, for Defendants-Appellees.

Before DAVIS, JONES, and BENAVIDES, Circuit Judges.


BENAVIDES, Circuit Judge:

This appeal arises from the United States Marine Corps's attempts to recall the appellant, Major Phillip Lawrence, to active duty in order to answer allegations of improper behavior. Lawrence is seeking injunctive relief from the military's attempts to activate him in federal court. The district court, finding Lawrence's suit meritless, denied relief and dismissed the complaint. Because we determine that the district court should have abstained...

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