ABDALLAH AL ANSI et al v. BUSH et al

Filing 104

ORDER granting in part and denying in part 93 Petitioner's Motion to Compel Production of Medical Records (see Order for details). Signed by Judge Gladys Kessler on 7/9/09. (CL, )

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ______________________________ MUHAMMAD AHMAD ABDALLAH : AL ANSI, et al., : : Petitioners, : : v. : Civil Action No. 08-1923 (GK) : GEORGE W. BUSH, et al., : : Respondents. : ______________________________: ORDER A Motions Hearing was held in this case on July 9, 2009, which took place in open court. Upon consideration of Petitioner Al

Ansi's Emergency Motion to Compel Production of Medical Records [Dkt. No. 93], the Government's Opposition [Dkt. No. 95],

Petitioner's Reply [Dkt. No. 96], representations of the parties, and the entire record herein, it is hereby ORDERED, that the Petitioner's Motion is granted in part and denied in part. Petitioner's counsel is entitled to the medical

records in order to provide Petitioner effective access to his counsel, and to allow counsel to provide effective representation to their client and challenge the legality of his detention. See

Husayn v. Gates, 588 F. Supp. 2d 7, 10-11 (D.D.C. 2008); Al-Joudi v. Bush, 406 F. Supp. 2d 13, 21, 23 (D.D.C. 2005); Al Odah v. United States States, 346 F. Supp. 2d 1, 6 (D.D.C. 2004).1 The

This ruling, unlike the issue presented in Al Odah v. United States, 407 F. Supp. 2d 37, 44 (D.D.C. 2005), does not pertain to the conditions of Petitioner's confinement.

1

Court fully understands the burden that this places upon the medical staff at Guantanamo Bay. that the request about is Nonetheless, the Court believes given the Petitioner's and has been

reasonable his medical

representations

condition,

sufficiently narrowed so as to minimize that burden as much as possible. Consequently, it is further ORDERED, that the Government produce by July 27, 2009, those medical records related to Petitioner's stomach ulcer and related symptoms (such as vomiting, stomach pain, and diarrhea) during the period from January 2007 to the present, as well as medical records from Petitioner's mid-May, 2009, hospitalization due to chest pains and difficulty breathing to the present.

July 9, 2009

/s/ Gladys Kessler United States District Judge

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