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UNITED STATES EX REL. CUMMINGS v. BRACKEN

Civ. A. No. 71-G-106.

329 F.Supp. 384 (1971)

UNITED STATES of America ex rel. Kenneth W. CUMMINGS, Petitioner, v. Captain L. M. BRACKEN, Commanding Officer, U. S. Coast Guard Base, Galveston, Texas, Respondent.

United States District Court, S. D. Texas, Galveston Division.

July 21, 1971.

Attorney(s) appearing for the Case

Henry M. Rosenblum, Houston, Tex., for petitioner; Lt. H. Michael Ryan, New Orleans, La., appointed for petitioner by military court.

Anthony J. P. Farris, U. S. Atty., Jack Shepherd and Olney Wallas, Asst. U. S. Attys., Houston, Tex., for respondent.

MEMORANDUM AND ORDER

NOEL, District Judge.

Petitioner, an enlisted member of the United States Coast Guard, has filed a petition for the writ of habeas corpus wherein he moves this Court to cause a pending court martial proceeding against him to be terminated and to cause him to be discharged from the service.

Petitioner asserts that he was scheduled to be released from duty on July 9, 1971. However,...

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