Plckell v. Reed

446 F.2d 898 Douglas C. PLCKELL, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Commander W. C. REED, Individually and as Head, Military Personnel, U.S. NavalStation, Treasure Island et al., Defendants-Appellees. No. 71-1567. United States Court of Appeals, Ninth Circuit. June 21, 1971. Michael S. Sorgen, San Francisco, Cal., for plaintiff-appellant. James L. Browning, Jr., U.S. Atty., Brian B. Denton, Asst. U.S. Atty., San Francisco, Cal., for defendants-appellees. Before HAMLEY, ELY and WRIGHT, Circuit Judges. PER CURIAM: 1 In his complaint for declaratory relief, appellant sought to enjoin the Navy from releasing him with an undesirable discharge. The district court dismissed the complaint and denied a preliminary injunction, 326 F.Supp. 1086 . 2 While his appeal was pending, appellant stipulated with Navy authorities that, subject to the court's approval, he be given an undesirable discharge. This court approved the stipulation and vacated an earlier order staying the discharge pending appeal. We now affirm the action of the district court. 3 Appellant enlisted for four years and, after basic and advanced training, was assigned to Moffet…