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MATZELLE v. PRATT

Misc. A. No. 850-70-N.

332 F.Supp. 1010 (1971)

Patrick Alan MATZELLE, Petitioner, v. Rear Admiral Richard Rockwell PRATT, Commander, Service Force, United States Atlantic Fleet, Cinclant Fleet Compound, Mitcher Avenue, Norfolk, Virginia, and Captain Robert Kanak, Commanding Officer, USS VULCAN, Norfolk Naval Base, Norfolk, Virginia, Respondents.

United States District Court, E. D. Virginia, Norfolk Division.

February 9, 1971.

Attorney(s) appearing for the Case

Seymour M. Teach, Breit, Rutter, Cohen, Ermlich & Friedman, Norfolk, Va., for petitioner.

Roger T. Williams, Asst. U. S. Atty., E. D. Va., Norfolk, Va., for respondents.

MEMORANDUM ORDER

KELLAM, District Judge.

This is a petition for a writ of habeas corpus to obtain Patrick Alan Matzelle's release from the United States Navy. Matzelle, an enlisted man serving aboard the USS VULCAN (AR-5), complains that he is being illegally detained in the Navy beyond the expiration date of his enlistment. From the petition and his own testimony, however, it is readily apparent that Matzelle's claim is frivolous and must be dismissed....

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