George R. Sutton v. Melvin R. Laird, Secretary of Defense

Sutton, a serviceman on active duty with the United States Army, sought and was granted habeas corpus relief in the form of immediate discharge from the armed forces. Appellants contend that the district court did not have jurisdiction to entertain Sutton’s action for want of the necessary custodian within its territorial limits. The sole question confronting us is whether jurisdiction vested in the District of Utah.

In June of 1971, while stationed at Dugway Proving Grounds in Utah, Sutton submitted an application for dis charge from the armed forces as a conscientious objector pursuant to…