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Soldier who sued not required to report for duty

From Susan Chun

U.S. Army
Justice and Rights

NEW YORK (CNN) -- The U.S. Army captain who filed an injunction to block his deployment to Iraq will not have to report for duty Monday, and the military has one week to decide whether to approve his resignation.

Capt. Jay Ferriola, 31, appeared in court for an emergency hearing Sunday to decide his fate. Ferriola says he resigned from the Army Reserve in June after eight years of service, including four years of active duty.

Ferriola received orders last week to report for active duty with the 306th Military Police Battalion in Uniondale, New York. The lawsuit says the unit will serve in Iraq for a year and a half on a "dangerous mission in Iraq."

Ferriola filed a lawsuit against the government, claiming lack of due process, involuntary servitude and breach of contract.

Assistant U.S. Attorney Judd Lawler asked the court to delay action until the Army can decide if it will approve Ferriola's resignation. U.S. District Judge Robert Sweet agreed to hold the next hearing November 1.

According to his lawyer, Barry Slotnick, Ferriola decided he did not want a career in the military and wanted to pursue opportunities in civilian life.

The lawsuit acknowledges Ferriola never received a response from the Army on his resignation, but he was told to turn in his equipment.

Ferriola would not speak to reporters after the hearing, but Slotnick said he was "optimistic" the Army would approve the resignation.

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