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TOOTLE v. SECRETARY OF NAVY

No. 04-5409.

446 F.3d 167 (2006)

Samuel E. TOOTLE, II, Appellant/Petitioner v. SECRETARY OF THE NAVY, Appellee/Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 2006.

Attorney(s) appearing for the Case

Alex Little, Student Counsel, argued the cause as amicus curiae in support of appellant/petitioner. With him on the briefs were Steven H. Goldblatt, appointed by the court, David J. Arkush, Supervising Attorney, and Jonathan J. Li, Student Counsel.

Samuel E. Tootle, II, pro se, filed appellant/petitioner's brief.

Kevin K. Robitaille, Special Assistant U.S. Attorney, argued the cause for appellee/respondent. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Michael J. Ryan, Assistant U.S. Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Before: HENDERSON and GARLAND, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge.

Appellant Samuel E. Tootle, II, an enlisted member of the United States Navy, filed suit in the District Court invoking the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 551 et seq. (2000). His pro se petition seeks judicial review of a determination, made by a Navy physical evaluation board in 1997, that he was "fit for duty," and, thus...

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