Krieger v. Terry

413 F.2d 73 David M. KRIEGER, Appellant, v. Brig. Gen. James TERRY, U.S.A., Commanding General, 29th Infantry Brigade, Schofield Barracks, Oahu, Hawaii; Col. James Currie, Executive Officer, 29th Infantry Brigade; and Stanley Resor, Secretary of the Army, Appellees. No. 24319. United States Court of Appeals Ninth Circuit. June 25, 1969. Brook Hart (argued), Greenstein & Cowan, Honolulu, Hawaii, for appellant. Michael R. Sherwood (argued), Asst. U. S. Atty., Yoshimi Hayashi, U. S. Atty., Honolulu, Hawaii, for appellees. Before HAMLEY and KOELSCH, Circuit Judges, and SOLOMON, District Judge. * HAMLEY, Circuit Judge: 1 This is an appeal from a district court order dismissing without prejudice an application for a writ of habeas corpus to compel discharge of the applicant from the United States Army as a conscientious objector. 2 The applicant and appellant, David M. Krieger, is a Second Lieutenant in the United States Army, with a present duty assignment at Schofield Barracks Army Reservation, Oahu, Hawaii. Because of such duty, Krieger is to be regarded as in the custody of Brig. Gen. James Terry, U.S.A., Commanding General, 29th Infantry Brigade, under the command of Stanley…