Julius Walker, Jr., SN, and David Hines, PN3, U. S. Navy v. RADM L. B. McCuddin, USN, Commanding Officer, U. S. Naval Base, Guantanamo Bay, Cuba and The Secretary of Defense

November 30, 1972 No. 72-42 Julius Walker, Jr., SN, and David Hines, PN3, U. S. Navy v. RADM L. B. McCuddin, USN, Commanding Officer, U. S. Naval Base, Guantanamo Bay, Cuba and The Secretary of Defense. [MAJORITY] On consideration of the Petition for a Writ of Habeas Corpus, and of the "Motion in Bar of Trial and in Support of Habeas Corpus”, filed in the above-entitled action, it appearing that nothing set forth therein tends to prejudice the power of this Court ultimately to review the record of trial, or, upon such review, to grant meaningful relief from any error which may then appear, it is, by the Court, this 30th day of November 1972, ORDERED that said Petition and motion be, and the same hereby are, dismissed. 28 USC § 1651(a). [CONCURRENCE — DUNCAN, Judge] DUNCAN, Judge (concurring): I concur in the dismissal of the Petition and motion in bar of trial. Whether or not charges were preferred against petitioners between November 14, 1972, and November 24, 1972 — the date the Petition was filed— does not appear. If no charges were in fact preferred, I would order respondents to release petitioners from confinement for failure to timely prefer charges or to show cause why charges have not been preferred.