Bratcher v. Mcnamara

415 F.2d 760 Michael E. BRATCHER, Appellant, v. Robert S. McNAMARA, Secretary of Defense; General Lewis B. Hershey, Director of Selective Service; Stanley R. Resor, Secretary of the Army, Major General Donald R. Pierce, Commanding Officer of Fort Lewis; and Brigadier General Richard I. Crone, Commanding Officer of Madigan General Hospital, Appellees. No. 22865. United States Court of Appeals Ninth Circuit. August 12, 1969. 1 Richard L. Young (argued), Michael H. Rosen, Seattle, Wash., for appellant. 2 Charles L. Billinghurst (argued), Asst. U. S. Atty., Eugene G. Cushing, U. S. Atty., Tacoma, Wash., for appellees. 3 Before BARNES and MERRILL, Circuit Judges, and McNICHOLS, District Judge. McNICHOLS, District Judge: 4 In this appeal a member of the armed services seeks the aid of the courts to secure a discharge from the Army as a conscientious objector. The district court dismissed the complaint below on the grounds: (a) that no cause of action was stated on which relief could be granted, and (b) that the court lacked jurisdiction. The complaint, containing eleven alleged causes of action, was essentially an application for a Writ of Habeas Corpus to compel the discharge of…