Stauffer v. Laird

ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS.

ZIRPOLI, District Judge.

Petitioner was inducted into the Army on August 4, 1970, and sent to Fort Ord, California, for basic combat training. On September 15, 1970, petitioner applied for conscientious objector status within the military, and, on February 19, 1971, the Army approved his request for classification as a non-combatant. In the interim, however, petitioner’s beliefs changed. On February 15, 1971, which the parties to this litigation concede was prior to notification of the favorable action taken on his application for non-combatant…