Gruneich

ORDER

Plaintiff seeks declaratory relief, a preliminary injunction and mandamus in this selective service case. He contends that he is entitled to a IV-D (ministerial) exemption and should be reclassified as such, and that the court should restrain the government from inducting him.

Plaintiff was classified I-A and had received his induction notice on August 21, 1970. He obtained a postponement of induction until after June 1, 1971, in order to complete his graduate studies. He has been ordered to report for induction on November 15,1971.

Plaintiff bases his claim upon the fact that he received a call to the ministry and was accepted by the San Francisco Theological Seminary during this period of postponement, after he had received his notice of induction.

The local board notified plaintiff on August 20, 1971, that his file had been reviewed and no basis for re-opening his file under 32 CFR 1625.2(b) was found. This regulation proscribes the re-opening of the classification of a registrant after notice of induction, unless the local board first specifically finds that there has been a change in the registrant’s status resulting from circumstances over which the registrant has…