Mosley v. Department of the Navy

Filing 91

JUDGMENT: remanding this action to the Board for Correction of Naval Records for reconsideration of plaintiff's 2006 and 2010 applications to compel the defendants to correct and upgrade plaintiff's military discharge. {Copy mailed to pro se plaintiff by regular mail} (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

JUDGMENT IN A CIVIL CASE
Robert R. Mosley
Plaintiff
vs.

CASE NUMBER: 7:10-CV-973 (NAM/GHL)

Department of the Navy
Defendant

Decision by Court. This action came to hearing before the Court.
The issues have been heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED
That the Motion to Appoint Counsel is denied as moot; the Motion to Remand is
granted, based on defendant's concession in its Status Report; it is ordered that
plaintiff's 2006 and 2010 applications contain new material evidence or other matter
warranting reconsideration, and thus the 2006 and 2010 determinations are vacated
and the applications shall be forwarded to the BCNR for decision on the merits, the
Motion for Summary Judgment is granted only to the extent of vacating the 2006 and
2010 determinations and is otherwise denied, plaintiff's # 82 Letter Motion is denied,
and the # 67, 70, 73, 74, 76, and 83 Letter Motions are denied as moot. This case is
hereby closed.

All of the above pursuant to the order of the Honorable Judge Norman A. Mordue, dated
the 29th day of December, 2011.

DATED: December 29, 2011

s/
Joanne Bleskoski
Deputy Clerk