United States of America Ex Rel. Arthur Rudick v. Melvin Laird, Secretary of Defense, and Stanley Resor, Secretary of the Army

MOORE, Circuit Judge:

This is an appeal by Arthur Rudick (appellant) from a decision of the District Court for the Southern District of New York, John M. Cannella, Judge, which effectively dismissed the instant action for lack of jurisdiction. Rudick, a Private in the Armed Forces of the United States, seeks the aid of the Federal Courts in obtaining his discharge on the ground that he is a conscientious objector. Rather than suing his commanding officer in California where he is stationed, appellant has brought suit against the Secretary of the Army and the Secretary of Defense in New York.…