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KLEIN v. RUMSFELD

No. CV-06-1134-PHX-SRB.

507 F.Supp.2d 1045 (2006)

Gary D. KLEIN, Plaintiff, v. Donald RUMSFELD, Secretary of Defense, et. Sal., Defendants.

United States District Court, D. Arizona.

June 27, 2006.

Attorney(s) appearing for the Case

Adam Weisman, Hinderaker & Rauh PLC, Tucson, AZ, David Carter Beach, Bingham Mccutchen LLP, San Francisco, CA, for Plaintiff.

Michael A. Johns, U.S. Attorney's Office, Andrea Gacki, Washington, DC, Charles Arnold Grube, Office of the Attorney General, Phoenix, AZ, for Defendants.

ORDER

SUSAN R. BOLTON, District Judge.

Plaintiff Gary D. Klein seeks to resign as Chief Warrant Officer Two in the Arizona National Guard ("AZNG"). Three times in 2005, he tendered his resignation, and three times in the same year, it was not accepted. On April 14, 2006, Plaintiff was ordered to active duty. He now seeks a preliminary injunction enjoining his activation.1 (Doc. 20.)

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