Parisi v. Davidson, 396 U.S. 1233 (1969)

ON APPLICATION FOR STAY

Syllabus

Application by member of Armed Forces claiming he is entitled to a conscientious objector classification for stay of deployment outside the Northern District of California denied where (1) District Court, though refusing to issue a writ of habeas corpus or to restrain respondents from transferring applicant outside that district, issued protective order against his having to engage in combat activities greater than his present duties required, pending Army board’s review of his classification and further court order; (2) the Court of Appeals, though denying a deployment stay, specified that applicant will be produced in the Northern District if he wins his habeas corpus case; and (3) the fact that the Secretary of the Army is party to the action precludes mooting of the case by applicant’s deployment. Quinn v. Laird, 89 S.Ct. 1491, and companion cases, distinguished.