Schuster v. Selective Service Local Board No. 76

OPINION ON MOTION FOR TEMPORARY RESTRAINING ORDER AND MOTION TO DISMISS

NATURE OF THE ACTION

REYNOLDS, Chief Judge.

John Paul Schuster, who has been classified a conscientious objector by his local board, seeks a judicial review, prior to the time he is to report for civilian work, of the civilian work assignment made by the local board. Injunctive and declaratory relief are sought.

Jurisdiction is asserted under 28 U.S.C.A. §§ 1361, 1391, and 2201. (It is noted that 28 U.S.C.A. § 1391 is a venue statute and not a jurisdictional statute.)

The case is presently before the court on the plaintiff’s…