Tobiczyk v. United States

MEMORANDUM OPINION

FEIKENS, District Judge.

This is a habeas corpus proceeding in which petitioner asks the court to set aside an involuntary activation order of the Department of the Army. This order activates petitioner under authority of 10 U.S.C. § 673a for unsatisfactory performance in the “ready reserve” of which he is a member. Specifically, the Army claims that Tobiczyk consistently missed drills and meetings of his reserve unit. Petitioner does not deny the fact of his absences, but contends that the activation order is illegal for several reasons. First, petitioner claims that the…