Laird

Gregory v. Laird

Good Law
326 F. Supp. 704·1971 U.S. Dist. LEXIS 13329
United States District Court, Southern District of CaliforniaMay 12, 1971Civ. No. 71-116-GTCalifornia1,888 words

Opinion

lead Opinion

Thompson, J.

*706 MEMORANDUM DECISION AND ORDER

The sole question before the court is whether the District Court for the Southern District of California has jurisdiction to entertain on the merits petitioner’s application for a writ of habeas corpus. Specifically, the court has been asked to decide whether petitioner has named as a respondent any custodian, or one in the chain of command, who is within the territorial jurisdiction of this court, and upon whom the writ can be spent, within the meaning of Schlanger v. Seamans, 401 U.S. 487 , 91 S.Ct. 995 , 28 L.Ed.2d 251 , decided March 23, 1971.

Petitioner is an ensign in the U.S. Navy, Supply Corps. On January 9, 1971, while stationed aboard the U.S.S. Hancock (CVA 19), deployed in the Western Pacific, petitioner made application for discharge as a conscientious objector pursuant to DoD Directive 1300.6 and BUPERS Note 1900. On February 9, 1971, petitioner received orders from the commanding officer of the Hancock to proceed to the Commander Naval Air Force, U.S. Pacific Fleet (COMNAVAIRPAC), Naval Air Station, North Island, San Diego, California, for temporary additional duty (TAD) for a period of about 90 days. The orders stated that…

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