United States v. United States District Court for the Southern District of California
Opinion
lead Opinion
ORDER
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 that section 618(f) “has no specific language prohibiting judicial disclosure,” Zambrano v. INS, 972 F.2d 1122 , 1126 (9th Cir.1992), the district court directed the Navy to permit discovery from those officers.
The government seeks review by mandamus petition after another panel of this court dismissed its interlocutory appeal. See Wilkins v. United States, No. 04-55046 (9th Cir. Apr. 27, 2004) (order dismissing for lack of jurisdiction). The United States argues in its petition, as it had below, that section 618(f) bars Wilkins’s discovery request. Section 618(f) provides:
10 U.S.C. § 618 (f) (emphasis added).
Shortly before oral argument in this case, the D.C. Circuit decided In re England, 375 F.3d…