United States ex rel. Wirtz v. Sheehan

OPINION AND ORDER

REYNOLDS, District Judge.

This is a petition for writ of habeas corpus brought against the Army. Petitioner contends that his application for a conscientious objector discharge was improperly denied. The petitioner is a reserve member of the United States Army who was ordered to active duty. A temporary restraining order to prevent processing was issued and this court held that it had jurisdiction over this controversy. United States ex rel. Wirtz v. Sheehan, 319 F.Supp. 146 (E.D.Wis.1970). I hold now that the writ should issue.

The parties have stipulated to the facts. For…