Schwartz v. Franklin

SOLOMON, District Judge:

Louis R. Schwartz appeals the denial of his petition for habeas corpus from the United States Army. The District Court had jurisdiction under 28 U. S.C. § 2241. Hammond v. Lenfest, 398 F.2d 705 (2d Cir.1968). Our jurisdiction is based on 28 U.S.C. § 2253.

Schwartz enlisted in the Army Reserves in September, 1965. He signed a contract which said:

“If in any year I fail to perform satisfactorily any of the requirements set forth above, I can be ordered to perform active duty for training for a maximum of 45 days or be reported to *738Selective Service for immediate induction.”

O…