Opinion

Lambert v. Brown

  • 435 F.2d 148
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 12, 1970
Status
Published
Cited by
4 cases
Authority
More cited than 72.2%

The opinion

PER CURIAM:

Stephen Michael Lambert appeals the dismissal by the district court of his petition for writ of habeas corpus seeking discharge from the United States Air Force as a conscientious objector.

Since noting this appeal, it now appears that appellant has been given a General Discharge from the Air Force and is therefore no longer in the custody of appellees. We are informed that this discharge carries no continuing obligation by way of reserve duty or otherwise and that appellant’s position regarding veteran’s benefits is substantially the same as it would have been had he been granted an Honorable Discharge. Indeed, his position in this regard is markedly better than it would have been had he been granted the discharge he sought as a conscientious objector. See 38 U.S. C. § 3103.

Since we know of no adverse collateral consequences of this discharge, cf. Carafas v. LaVallee, 391 U.S. 234 , 88 S.Ct. 1556 , 20 L.Ed.2d 554 (1968), it is hereby ordered that this appeal be dismissed as moot.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.