Robert L. Burnett, Jr. v. United States of America
Cases that cite this one
5 later published cases cite this decision.
- Jerry L. Frampton v. Leo W. Davis, Lt. Colonel Acting State Director for Louisiana Selective Service System and Local Board No. 29 Jefferson Parish (5th Cir. 1972)
- Stephen J. Zerillo v. Local Board No. 102 (8th Cir. 1971)
- Francis L. McLain v. Selective Service Local Board No. 47, Etc. (8th Cir. 1971)
- Thomas v. Tarr (United States District Court Eastern District of Louisiana 1971)
- Fine v. Tarr (District Court, D. Maryland 1971)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Burnett appeals from the District Court’s denial of his motion for a permanent injunction to prevent his induction into the armed forces. To justify preinduction judicial review, Burnett claims that his local Selective Service Board had no basis in fact for refusing to classify him IV-F or I-Y for medical reasons. Without evaluating the merits of Burnett’s claim, we conclude that the District Court had no jurisdiction to entertain his demand for pre-induction judicial review. 50 U.S.C.A. App. § 460 (b) (3); accord, Clark v. Gabriel, 1968, 393 U.S. 256, 258-259, 89 S.Ct. 424, 21 L.Ed.2d 418; Edwards v. Selective Service Local Bd. No. 111, 5 Cir. 1970, 432 F.2d 287. Consequently this Court has no jurisdiction to consider an appeal.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.