IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1014

Consent MOTION to Stay Proceedings by KASIMBEKOV KOMOLIDDIN TOHIRJANOVICH (Attachments: # 1 Text of Proposed Order)(Nolas, Billy)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1014

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _________________________________________ KASIMBEKOV KOMOLIDDIN TOHIRJANOVICH Guantanamo Bay Naval Station, Guantanamo Bay, Cuba Petitioner : : :

: : CIVIL ACTION : (HABEAS CORPUS) : V. : : No: 05-CV-0994 (JDB) GEORGE W. BUSH, et. al. : President of the United States : 08-MC-0442 (TFH) The White House : 1600 Pennsylvania Avenue, N.W. : Washington, D.C. 20500; : : ____________________________________________________________________ CONSENT MOTION TO STAY PROCEEDINGS ____________________________________________________________________ Petitioner, Kasimbekov Komoliddin Tohirjanovich, through his attorneys, and with the consent of Respondents, hereby moves that this Court stay all proceedings in this habeas matter. 1. Counsel for Petitioner have previously been notified that Petitioner has been

approved to leave Guantanamo. The parties are in the midst of ongoing efforts to secure Petitioner's transfer and agree that these proceedings should be stayed. The parties also agree that the obligations set forth in Judge Hogan's November 6, 2008, Case Management Order as modified by this Court's order of the same date, should be suspended until such time as the stay is lifted. The parties further agree that either side may move to lift the stay at any time. The parties agree that the protective order entered on September 11, 2008 and the 30-day notice order

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entered by Judge Hogan in this case continue in effect.1 2. The Supreme Court has explicitly approved the stay-and-abey procedure in the

context of federal habeas corpus proceedings. See Rhines v. Weber, 544 U.S. 269 (2005). WHEREFORE, Petitioner, with the consent of Respondents, respectfully requests that the Court grant this motion and stay the proceedings.

Respectfully submitted, /s/Billy H. Nolas Billy H. Nolas (DC 399275; PA 83177) Assistant Federal Defender Maureen Rowley (PA 33020) Chief Federal Defender David McColgin (PA 42963) Supervising Appellate Assistant Federal Defender Cristi Charpentier (PA 62055) Shawn Nolan (PA 56535) Mark Wilson (PA 26887) Assistant Federal Defenders Federal Community Defender Office for the Eastern District of Pennsylvania 601 Walnut Street, Suite 545 West Philadelphia, PA 19106 [phone]; [phone] Dated: November 19, 2008

1

Respondents have initiated an appeal of Judge Hogan's order with respect to the 30-day

notice.

Certificate of Service
I hereby certify that a true and correct copy of the foregoing instrument has been served on Respondents through the Electronic Case Filing System to the following attorneys: Mr. Terry Henry Mr. Andrew Warden US DEPARTMENT OF JUSTICE 20 Massachusetts Avenue, NW Room 7226 Washington, DC 20529-0001

/s/Billy H. Nolas Billy H. Nolas

Dated: November 19, 2008