Stephen Palmer Powers v. John N. Mitchell, as Attorney General of the United States

Stephen P. Powers appeals a district court order denying a temporary restraining order against his impending induction into the armed forces. We affirm.

Powers registered with a local board in Connecticut. He is currently a graduate student at the University of Arizona. In 1970, he requested and received from his Connecticut board an I-A-0 classification (conscientious objector available for noncombatant military service only). On November 18, 1970, his board ordered him for induction, but postponed induction until the end of the academic year.

On June 21, 1971, Powers requested that the board reopen his classification and change his I-A-0 to 1-0 (conscientious objector available for alternate service). The board refused, and ordered Powers for induction on November 16. On November 15, he filed his complaint in the District Court for Arizona, seeking injunctive and declaratory relief setting aside his induction order. The District Court correctly denied relief.

The complaint was not properly before the District Court in Arizona. Holicky v. Selective Service Local Board No. 3, 328 F.Supp. 1373 (D.Colo., 1971). First, service of process could not be made upon the Connecticut…