Taylor

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS

By these proceedings in habeas corpus petitioner seeks judicial review of, and relief from, the denial by respondent, Secretary of the Navy, acting through the Chief of Naval Personnel, of his application for discharge from the United States Naval Reserve as a conscientious objector. Taylor submitted his petition and an application for a temporary order restraining respondents from removing him from the jurisdiction of this court during pendency of these proceedings. This court granted a temporary restraining order and ordered respondents to appear and show cause why petitioner should not be discharged as prayed.

JURISDICTION

Petitioner asserts jurisdiction of this court under 28 U.S.C. § 2241 . It appears well established that a person in the armed forces may, by habeas corpus proceedings, seek judicial review of the denial of his application for discharge as a conscientious objector. Hammond v. Lenfest, 398 F.2d 705 (2d Cir. 1968); Jarrett v. Resor, 426 F.2d 213 (9th Cir. 1970). 1 However, under 28 U.S.C. § 2241 (a) a habeas corpus petitioner must be physically present and detained in custody within the jurisdiction of the…