Leroy B. Eldridge v. Curtis Tarr, Director, Selective Service System, and Local Board No. 47, Alameda County, California

This is an appeal by the petitioner, Leroy Eldridge, and expedited by this Court, from a dismissal of his motion for an injunction to prevent his immi nent induction into the armed forces. Eldridge asserted that the district court had jurisdiction over this action under 28 U.S.C. §§ 1331 and 1361 and the Military Selective Service Act of 1967. Jurisdiction in this court exists pursuant to 28 U.S.C. § 1291 .

On February 17, 1966, appellant was classified III-A, according to the terms of 32 C.F.R. § 1622.30 (a) (dependency deferment). At that time, § 1622.30(a) provided for placement in Class III-A registrants who maintained bona fide family relationships in their home with a child or children, as did Eldridge. On April 25, 1969, appellant’s local board mailed an SSS Form 127; — a Current Information Questionnaire — to his last mailing address. However, appellant had moved and left no forwarding address, so the form was returned to the board. On October 20, 1969, on the basis of the appellant’s failure to inform the board of his current status, appellant was reclassified I-A. Eldridge did not appeal the classification.

Appellant was ordered to report for a physical examination on…