Kudley v. Hollo

TEMPORARY RESTRAINING ORDER AND ORDER FOR RETURN ON PETITION FOR HABEAS CORPUS

MANOS, District Judge.

On August 13, 1976 the plaintiff-petitioner, an army reservist, initiated this action against the defendants army officers challenging his orders to report for active duty on August 19, 1976. The complaint predicated jurisdiction upon 28 U.S.C. § 1331, the Fourth and Fifth Amendments to the United States Constitution and “other rights secured by the laws of the United States.” Paragraphs seven and eight of the Complaint allege:

“During the months of February 1974 thru November 1974, plaintiff…