Facts

On Aug. 23, 2002, after serving 21 years in the United States Navy and Marine Corp., Darryl Phillips was convicted by a military court for violations of the Uniform Code of Military Justice. Phillips was sentenced to confinement for five years and a $400,000 fine. At a hearing in 2005, Phillips was determined to have not made a genuine effort to pay his fine. As such, his confinement sentence was increased by an additional five years. Phillips then filed suit against Richard Spencer, Secretary of the Navy, in relation to the hearing.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that he was transferred from a Navy prison to an Army prison and that his sentence then became subject to Army Regulation 633-30. Plaintiff also asserted that there was no reasonably explanation given as to why plaintiff was denied good conduct time and earned time, and that proper calculation of his prison sentence should be made.

DEFENDANTS' CONTENTIONS: Defendants denied the allegations and argued that plaintiff failed to assert a claim upon which relief can be granted, and that his challenge to the calculation of his release date was barred by res judicata.

Result

The court granted defendants' motion to dismiss, finding that plaintiff failed to present a justiciable case or controversy, and that his claim was barred by claim preclusion.