Younger

Younger v. Del Toro

Good Law
United States District Court, Southern District of CaliforniaMay 24, 20233:22-cv-01006California449 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 5 HERSCHEL YOUNGER, Case No.: 22-cv-1006-L-MSB

Plaintiff,

ORDER:

v. (1) CONDITIONALLY GRANTING CARLOS DEL TORO,

JOINT MOTION TO STAY

Defendant. [ECF No. 27]

11 (2) DENYING WITHOUT PREJUDICE JOINT MOTION TO

FILE DOCUMENTS UNDER SEAL

13 [ECF No. 22] 14 Plaintiff Herschel Younger (“Plaintiff”) filed a request to upgrade his discharge 15 status with the Board of Corrections of Naval Records (“BCNR”) on September 8, 2017. 16 (ECF No. 27, at 2.) Plaintiff based his request on the contention that the PTSD and 17 PTSD-related conditions he suffered during and as a result of his service mitigate the 18 circumstances which led to his “Other Than Honorable” discharge. (Id.) The BCNR 19 denied his request on October 19, 2018. (Id.) After an unsuccessful request for 20 consideration, Plaintiff filed this action on July 11, 2022. (Id.) 21 Separate from the events leading up to this action, Plaintiff filed a request to 22 upgrade his discharge…

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