Johnson v. Laird, No. 25383.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtHAMLEY and WRIGHT, Circuit , and GOODWIN
Citation432 F.2d 77
Docket NumberNo. 25383.
Decision Date29 September 1970
PartiesZels B. JOHNSON, Plaintiff-Appellant, v. Melvin LAIRD, Secretary of Defense, Lt. General Stanley Resor, Commander, Department of the Army, Headquarters 6th U. S. Army Presidio, San Francisco, California 94129, and Lt. Col. George Abe, Headquarters 3rd Bn., 161st Infantry, Pier 91, Seattle, Washington, Defendants-Appellees.

432 F.2d 77 (1970)

Zels B. JOHNSON, Plaintiff-Appellant,
v.
Melvin LAIRD, Secretary of Defense, Lt. General Stanley Resor, Commander, Department of the Army, Headquarters 6th U. S. Army Presidio, San Francisco, California 94129, and Lt. Col. George Abe, Headquarters 3rd Bn., 161st Infantry, Pier 91, Seattle, Washington, Defendants-Appellees.

No. 25383.

United States Court of Appeals, Ninth Circuit.

September 29, 1970.


432 F.2d 78

Robert C. Mussehl (argued), Lind, Thom, Mussehl & Navoni, Seattle, Wash., for plaintiff-appellant.

Charles Murphy, (argued), and Charles A. Schaaf (argued), Asst. Attys. Gen., Slade Gorton, Atty. Gen., Olympia, Wash., Stan Pitkin, U. S. Atty., J. Byron Holcomb, Asst. U. S. Atty., Seattle, Wash., for defendants-appellees.

Before HAMLEY and WRIGHT, Circuit Judges, and GOODWIN,* District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Petitioner-appellant Johnson instituted this habeas corpus proceeding in the district court seeking release from the Army as a conscientious objector. The district court dismissed appellant's complaint on the ground that he had failed to exhaust his administrative remedies prior to seeking judicial review.

At the oral hearing of this appeal we were informed that the appellant is absent without leave, is presently being sought by the military authorities as a deserter and, when last heard from, was out of the country. For these reasons, we do not reach the merits of appellant's claim but rather rule that this appeal will be dismissed unless appellant voluntarily surrenders himself to the military authorities at Fort Lewis, Washington, within 30 days.

Because of our tentative disposition of this appeal, a detailed recitation of the factual background is unnecessary. Briefly stated, it suffices to say that appellant was a member of the Washington National Guard who was ordered to report for active duty because of his failure to attend a number of unit meetings.

Prior to the date he was actually ordered to report, he filed this action in the district court, alleging that he had requested discharge as a conscientious objector and that the National Guard had refused to process his application. The district court dismissed the complaint and appellant was thereafter apprehended by military authorities as absent without leave since he had never reported for active duty as ordered.

432 F.2d 79

Some time in June, 1970, while this appeal was pending, appellant voluntarily absented himself from the military and is still at large. When last heard from, he was out of the country, in Vancouver, British Columbia.

The government has now moved to dismiss this appeal. The motion was filed at oral hearing and counsel for appellant has since responded. For the reasons set...

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43 practice notes
  • Prevot, In re, Nos. 94-5854
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 7, 1995
    ...(1958). Numerous cases have denied appellate access to appellants seeking review of denials of habeas corpus relief. Johnson v. Laird, 432 F.2d 77 (9th Cir.1970) (district court dismissed petition for habeas corpus, litigant went AWOL pending his appeal, appeal dismissed); Arana v. U.S. Imm......
  • Williams v. Holbrook, No. 82-1027
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • September 23, 1982
    ...a writ of habeas corpus. United States ex rel. Bailey v. United States Commanding Officer, 496 F.2d 324 (1st Cir. 1974); Johnson v. Laird, 432 F.2d 77 (9th Cir. 1970); Fowler v. Leeke, 509 F.Supp. 544 (D.S.C.1979). In United States ex rel. Bailey, this court refused to overturn the dismissa......
  • Lewis v. Delaware State Hospital, Civ. A. No. 79-529.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • April 30, 1980
    ...criminal context, Quarles v. Alabama, 578 F.2d 1148 (5th Cir. 1978); Gonzales v. Stover, 575 F.2d 827 (10th Cir. 1978); Johnson v. Laird, 432 F.2d 77 (9th Cir. 1970), and in a mental patient context. Compare Ragsdale v. Cameron, 329 F.2d 233, 234 (D.C.Cir.1963) (per curiam) (appeal dismisse......
  • United States v. Veliotis, No. 83 Crim. 551 (WCC).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • May 25, 1984
    ...case in error, unless the convicted party ... is where he can be made to respond to any judgment we render"); Johnson v. Laird, 432 F.2d 77, 79 (9th Cir.1970) ("Smith rests upon the inherent discretion of any court to refuse to hear the claim of a litigant who indicates that he wi......
  • Request a trial to view additional results
43 cases
  • Prevot, In re, Nos. 94-5854
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • September 7, 1995
    ...(1958). Numerous cases have denied appellate access to appellants seeking review of denials of habeas corpus relief. Johnson v. Laird, 432 F.2d 77 (9th Cir.1970) (district court dismissed petition for habeas corpus, litigant went AWOL pending his appeal, appeal dismissed); Arana v. U.S. Imm......
  • Williams v. Holbrook, No. 82-1027
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • September 23, 1982
    ...a writ of habeas corpus. United States ex rel. Bailey v. United States Commanding Officer, 496 F.2d 324 (1st Cir. 1974); Johnson v. Laird, 432 F.2d 77 (9th Cir. 1970); Fowler v. Leeke, 509 F.Supp. 544 (D.S.C.1979). In United States ex rel. Bailey, this court refused to overturn the dismissa......
  • Lewis v. Delaware State Hospital, Civ. A. No. 79-529.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • April 30, 1980
    ...criminal context, Quarles v. Alabama, 578 F.2d 1148 (5th Cir. 1978); Gonzales v. Stover, 575 F.2d 827 (10th Cir. 1978); Johnson v. Laird, 432 F.2d 77 (9th Cir. 1970), and in a mental patient context. Compare Ragsdale v. Cameron, 329 F.2d 233, 234 (D.C.Cir.1963) (per curiam) (appeal dismisse......
  • United States v. Veliotis, No. 83 Crim. 551 (WCC).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • May 25, 1984
    ...case in error, unless the convicted party ... is where he can be made to respond to any judgment we render"); Johnson v. Laird, 432 F.2d 77, 79 (9th Cir.1970) ("Smith rests upon the inherent discretion of any court to refuse to hear the claim of a litigant who indicates that he wi......
  • Request a trial to view additional results

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