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JONES v. MUNDY

No. 91-854-HC-BO.

792 F.Supp. 1009 (1992)

Tahan JONES, Petitioner, v. General Carl MUNDY, Jr., Commander, United States Marine Corps, et al., Respondents.

United States District Court, E.D. North Carolina, Raleigh Division.

June 5, 1992.

Attorney(s) appearing for the Case

M. Travis Payne, Edelstein, Payne & Nelson, Raleigh, N.C. and John Murcko, Oakland, Cal., for petitioner.

Eileen G. Coffey, Asst. U.S. Atty., Raleigh, N.C. and Gregory T. Mitchell, Gen. Litigation Div., Office of the Judge Advocate Gen., Dept. of Navy, Alexandria, Va., for respondents.

ORDER

TERRENCE WILLIAM BOYLE, District Judge.

Petitioner Tahan Jones, a corporal in the United States Marine Corps Reserves, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241, on the grounds that he (1) was wrongfully denied discharge as a conscientious objector and (2) is currently being held on active duty in violation of Marine Corps regulations. This matter is before the court on respondents' motion for summary judgment.

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