IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1032

ORDER denying (04-cv-1136, Docket No. 208) petitioner's motion for judgment on the pleadings or, in the alternative, for summary judgment, and granting in part and denying in part (04-cv-1136, Docket No. 214) 431 respondents' cross-motion to dismiss or to hold petition in abeyance. (see 04-cv-1136, Docket No. 237 for related Memorandum Opinion). Signed by Judge John D. Bates on 11/24/2008. (lcjdb2)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1032

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

OMAR KHADR, et al., Petitioners, v. GEORGE W. BUSH, et al., Misc. No. 08-0442 (TFH) Respondents. Civil Action No. 04-1136 (JDB)

ORDER Upon consideration of [208] petitioner's motion for judgment on the pleadings or, in the alternative, for summary judgment, and [214] respondents' cross-motion to dismiss petitioner's habeas case without prejudice or to hold the petition in abeyance pending the completion of military commission proceedings, the parties' several memoranda, the arguments advanced at the motions hearing held on October 30, 2008, the applicable law, and the entire record, and for the reasons explained in the accompanying Memorandum Opinion issued on this date, it is hereby ORDERED that petitioner's motion for judgment on the pleadings or, in the alternative, for summary judgment is DENIED; it is further ORDERED that respondents' cross-motion to dismiss petitioner's habeas case without prejudice is DENIED; it is further ORDERED that respondents' cross-motion to hold the petition in abeyance pending the completion of military commission proceedings is GRANTED; it is further ORDERED that this habeas case is STAYED to the extent that it raises issues that have been, will be, or can be raised in the military commission proceedings against petitioner and the

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subsequent appeals process. SO ORDERED.

/s/ JOHN D. BATES United States District Judge Dated: November 24, 2008

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