
    September 14, 1973
    No. 73-49
    James A. Peters, Jr., PVT, U. S. Marine Corps v. CDR Raymond A. Helgemoe, USN, Commanding Officer, Naval Disciplinary Command, Portsmouth, New Hampshire.
   On consideration of the "Petition for Extraordinary Relief and Brief in Support of Petition” filed in the above-entitled action, it appearing that no action of respondent set forth therein tends to affect the jurisdiction of this Court, it is, by the Court, this 14th day of September 1973,

ORDERED:

That said petition be, and the same hereby is, dismissed. 28 USC § 1651(a).

DUNCAN, Judge

(concurring in the result):

I would dismiss the petition for the reason that it does not allege facts which constitute a cause of action for extraordinary relief.  