Messina

MEMORANDUM OF DECISION

This cause came on for hearing on May 1, 1972, at 10:00 A.M., upon the motion of petitioner to extend beyond 10:00 A.M. on said date the temporary restraining order previously issued by the Honorable Gordon Thompson enjoining respondents from transferring petitioner, a Hospital Corpsman, Third Class, from the United States Naval Correctional Custody Facility, San Diego, California, to the United States Naval Disciplinary Command, Portsmouth, New Hampshire, until such time as petitioner’s application for a writ of habeas corpus could be considered on its merits at an evidentiary hearing. Petitioner appeared by and through his counsel, David Unrot and George Haverstick, and respondents appeared by and through their counsel. Harry D. Steward, United States Attorney, by Frederick B. Holoboff, Assistant United States Attorney, and Commander A. J. Johns, J.A. G.C., U.S.N. At the hearing of petitioner’s motion the court also entertained the motion of respondents to dismiss the petition on the basis that the court lacked jurisdiction over the subject matter.

The court having considered the pleadings, papers and documents and having heard oral argument and being…