Scott L. Nokes v. U.S. Coast Guard

U.S. Court of Appeals for the Eighth Circuit
Scott L. Nokes v. U.S. Coast Guard, 66 F. App'x 666 (8th Cir. 2003)

Scott L. Nokes v. U.S. Coast Guard

Opinion

PER CURIAM.

Scott Nokes appeals the district court’s 1 denial of his request for emergency relief enjoining a court-martial proceeding during the pendency of proceedings on his Administrative Procedures Act claim. Having carefully reviewed the record, we conclude the district court properly denied Nokes a preliminary injunction. See Schlesinger v. Councilman, 420 U.S. 738, 758, 95 S.Ct. 1300, 43 L.Ed.2d 591 (1975) (“when a serviceman charged with crimes by military authorities can show no harm other than that attendant to resolution of his case in the military court system, the federal district courts must refrain from intervention, by way of injunction or otherwise”). Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

1

. The Honorable David S. Doty, United States District Judge for the District of Minnesota.

Reference

Full Case Name
Scott L. NOKES, Appellant, v. UNITED STATES COAST GUARD; Norman Y. Mineta, Being Sued as the Honorable Norman Y. Mineta, Secretary of Transportation, in His Official Capacity; Jody Breckenridge, Captain, Commanding Officer, Coast Guard Recruiting Center, in Her Official Capacity; United States Attorney’s Office, Being Sued as the United States Attorney’s Office, Minneapolis, Minnesota; U.S. Attorney General, Being Sued as the United States Attorney General’s Office, Washington, DC, Appellees
Status
Unpublished