United States Ex Rel. Caputo v. Sharp

MEMORANDUM OPINION

WEINER, District Judge.

Relator Caputo seeks a writ of habeas corpus to release him from his allegedly improper induction into the Marine Corps. Defendant has responded by moving to dismiss relator’s petition for lack of jurisdiction. Based on the discussion below, we deny defendant’s motion and grant relator a hearing on his petition.

The federal district courts have jurisdiction to grant a writ of habeas corpus to one who establishes that he is “in custody under or by color of the authority of the United States * * *." 28 U.S.C. § 2241(c) (1). More particularly, habeas…