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FOGEL v. SECRETARY OF AIR FORCE

No. CV 04-0209(ADS)(MLO).

351 F.Supp.2d 47 (2005)

Mandel FOGEL, Plaintiff, v. SECRETARY OF the AIR FORCE, and Civilian Military Review Board, Defendants.

United States District Court, E.D. New York.

January 4, 2005.

Attorney(s) appearing for the Case

Mandel Fogel, Oceanside, NY, Plaintiff Pro Se.

Roslynn R. Mauskopf, United States Attorney, Eastern District of New York by Susan L. Riley, James Halleron Knapp, Assistant United States Attorneys, Central Islip, NY, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Presently before the Court is a motion by the defendants Secretary of the Air Force and the Civilian Military Review Board (collectively the "Defendants") to dismiss the complaint filed by the pro se plaintiff Mandel Fogel (the "Plaintiff") based on the doctrine of res judicata, or in the alternative, for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1); failure...

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