Carney v. Secretary of Defense

OPINION

PETTINE, District Judge.

In this habeas corpus action, petitioner, a Navy officer, seeks judicial review of the denial by the Chief of Naval Personnel of his in-service conscientious objector application. Jurisdiction is alleged under 28 U.S.C. §§ 2241 and 1391(e). Respondents contend that this Court lacks jurisdiction to entertain this claim. The parties have submitted an agreed statement of facts relating to that issue, but the Government chose not to question the petitioner when he testified as the sole witness at the hearing upon the merits of the instant petition, and in fact…