Alvin G. Smith, and v. Capt. James M. Campbell, Commanding Officer, U. S. Naval Schools Command, Mare Island, Vallejo, California, And

This case presents the question whether a petition for writ of habeas corpus must be dismissed for lack of jurisdiction when at the time the petition was filed the petitioner and his custodian were both within the territorial jurisdiction of the district court, but the petitioner was involuntarily removed from the district after the filing of the petition and his present custodian is subject to the process of the court. The district court held that it must. We reverse.

In January, 1970, appellant, an active duty member of the United States Navy, was ordered to report to a duty station in Australia, after first completing additional technical schooling at Mare Island Naval Station, Vallejo, California. On Februax’y 13, 1970, appellant, while stationed at Mare Island, applied to the Navy for a discharge by reason of conscientious objection. _ Appropriate administrative hearings and interviews were held and the necessary reports filed.

The petition sets forth in full what is alleged to be the complete administrative records of the request for discharge. By its motion to dismiss, appellees must concede the truthfulness of the allegations. Delesdernier v. O’Rourke & Warren Company,…