In Re United States

384 F.3d 1202 In re UNITED STATES of America, United States of America, Petitioner, v. UNITED STATES DISTRICT COURT FOR the SOUTHERN DISTRICT OF CALIFORNIA, Respondent, Ronald G. Wilkins, Real Party in Interest. No. 04-70709. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 3, 2004. Filed October 7, 2004. Robert M. Loeb, U.S. Department of Justice, Civil Division, Washington, D.C., argued for the petitioner. Arthur A. Schulcz, Sr., Vienna, Virginia, argued for the real party in interest. Petition for Writ of Mandamus to the United States District Court for the Southern District of California, D.C. No. CV-99-01579-IEG. Before: REINHARDT, KOZINSKI and CLIFTON, Circuit Judges. ORDER 1 Wilkins, a former Navy chaplain, sued the United States, alleging that he was selected for early retirement based on religious discrimination in the Navy's hiring, promotion and retention of chaplains. He moved for an order compelling the officers who sat on his early retirement selection board, among others, to appear for depositions, and the United States opposed on the ground that Navy selection board proceedings are confidential pursuant to 10 U.S.C. § 618 (f). Noting…