U.S. Court of Appeals for the Eighth Circuit, 2003

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

Scott L. Nokes v. U.S. Coast Guard
U.S. Court of Appeals for the Eighth Circuit · Decided June 16, 2003 · Arnold, Bye, Riley
66 F. App'x 666

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.

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