Timothy Floyd Lewis v. Secretary, Department of the Army

Appellant Lewis, on February 20, 1967, petitioned the District Court for a Writ of Habeas Corpus to order his release from the armed forces and prevent his removal from the jurisdiction of the Court. On the same day, the Court issued an Order to Show Cause. A Return to the Order to Show Cause and an Answer to the Petition for Writ of Habeas Corpus were filed on February 28, 1967. On that date, the present appellee was substituted for the original respondents. Later, supplemental pleadings were filed. After a hearing, the District Court, on April 13, 1967, denied appellant’s petition. Appellant filed a timely appeal.

This Court has jurisdiction under 28 U.S.C. § 2253 .

Appellant was born on September 15, 1942. He registered with the Selective Service System on September 26, 1960.

On August 1, 1962, appellant’s Local Board mailed him a Classification Questionnaire and he executed and returned it. In the Questionnaire appellant stated that he lived with his widowed mother, age 60 years; that she was “partially” dependent upon him; that he contributed $600 per year to her; that her other income was $1800 per year; and that his two brothers (one of whom lived with appellant and his…