http://www.cbsnews.com/stories/2004/10/23/national/main651013.shtml
(AP) An Army captain sued the government Friday to block his pending deployment to Iraq, saying he resigned in June after completing eight years of service in the Army and Army Reserve.
Jay J. Ferriola, 31, said in the lawsuit in U.S. District Court in Manhattan that Secretary of Defense Donald Rumsfeld unlawfully continues to exercise control over him even though he properly resigned and was asked to turn in his equipment.
The New York resident has never received a written, official response to his resignation request, said the lawsuit, which asks a judge to process and approve the resignation.