U.S. Court of Appeals for the Fifth Circuit, 1966

James C. Tuggle v. Harold Brown, Secretary of the Air Force

James C. Tuggle v. Harold Brown, Secretary of the Air Force
U.S. Court of Appeals for the Fifth Circuit · Decided August 11, 1966 · Brown, Coleman, Dawkins, Per Curiam
362 F.2d 801 (Federal Reporter, Second Series)

James C. Tuggle v. Harold Brown, Secretary of the Air Force

Opinion

PER CURIAM:

This appeal is from the denial of Airman Tuggle’s motion that the Secretary be temporarily enjoined from granting him an undesirable discharge from the Air Force and from the dismissal of his complaint seeking both a temporary and permanent injunction. Because it ap *802 pears that Appellant has yet to exhaust available post-discharge administrative remedies, following our recent decision in McCurdy v. Zuckert, 5 Cir., 1966, 359 F.2d 491 [Apr. 14, 1966], we hold that resort to the District Court was premature. See Beard v. Stahr, 1962, 370 U.S. 41, 82 S.Ct. 1105, 8 L.Ed.2d 321; Michaelson v. Herren, 2 Cir., 1957, 242 F.2d 693. But see Covington v. Schwartz, 9 Cir., 1965, 341 F.2d 537; Ogden v. Zuckert, 1961, 111 U.S.App.D.C. 398, 298 F.2d 312; Reed v. Franke, 4 Cir., 1961, 297 F.2d 17. The District Court properly dismissed the complaint.

Affirmed.

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