IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1405

NOTICE OF FILING REDACTED EXHIBITS FOR PUBLIC RECORD by HOUMAD WARZLY, GUANTANAMO BAY DETAINEE LITIGATION re (120 in 1:05-cv-02385-RMU, 1377 in 1:08-mc-00442-TFH, 47 in 1:08-cv-01237-RMC) MOTION for Order (Attachments: # 1 Exhibit Redacted Exhibits A - E)(Gunn, Carlton)

EXHIBIT A

Case 1 :08-cv-01238-UNA Document 7 Filed 08/08/2008 Page 1 of 3

UNTED STATE DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

FILED
)
)

Civil Action Nos.
08-cv-1224

¡\UG M 8 20
NANCY MAYER WHT1NGTON. CLERK . COURT DISTRICT u.s.

)

In re Guantanamo Detainee Cases )
) ) )

08-c-1227 08-c-1228
08-cv-1229

08-c-1230 08-c-1231
08-cv-1232 08-cv-1233 08-cv-1234

08-c-1235
08-cv-1236 08-cv-1237 08-cv-1238

ORDER

,

In the interest of faciltatig the appointment of counel in the above-captioned
cases, pursuant to the agrement of the Judges of ths Cour acting in Executive Session,

July 1, 2008, it is hereby

ORDERED that the Federal Defender offces listed on the attched schedule are
appointed to represent the petitioners in the respective cases, and tht the individual

attorneys from the Federal Defender offces who wil represent the petitioners in each
case shaH fie a notice of appearance and, pursuant to LCvR 83.2(e), shall be allowed to
!\.

Case 1 :08-cv-01238-UNA Document 7 Filed 08/08/2008 Page 2 of 3

appea in ths Cour as employees of the United States. Attrneys so appointed shal,

pursuat to LCvR 5.4(b), obtain a CMlCF password from the Clerk in order to file
documents with the Cour or to receive copies of opinions and orders of

the Cour.

SO ORDERED.

Augut 5, 2008

~c.~
Royce C. Lambert
Chief Judge

Case No.

Case Name

Date Filed
Judiie Assi2ned

Federa Defender Offce Assimed

OS-cv-1224

Gul V. Bush et a!
7/17/0S

7/17/0S

Judve Collver
Judl!e Huvelle

Northern Distrct of Georia

o
Q)

(f

ro

OS-c-1227
7/17/08
7/17/08
Judve Bates

HaflZulah v. Bush et a!
Judl!e Collver
Northern District of Georl!a
Northern District of Ohio

Northern Distrct of Geol'a
Southern District of Indiana

~

o 00
, o '"

08-cv-122S

Hadi v. Bush et al

o ~

,

OS-cv-1229

Yakbi v. Bush et aI
7/17/0S

I\ VJ
00

08-cv-1230

Mohammed v. Bush et al
7/17/08

Judl!e Collver

C
Northern District of Ohio

,

Z

~

08-c-1231
7/17/08

AlamIr v. Bush et al

Judl!e Kollar-Kotellv

CJ

08-c-1232
7/17/08
7/17/08
7/17/0S

Bin Atefv. Bush et a!
Judl!e Huvelle
Judl!e Leon

Jud..e Roberton

Southern Distrct ofIndiana
Northern District of Ohio

o o c

3 ro ::

OS-cv-1233

Oattaa v. Bush et al

-:!
ro

08-cv-1234

Saleh v. Bush et a!

Southern Distrct ofIndiana
Central Distrct of Calorna
Nortern District of Ohio
Centra! District of Calornia
Centra! District of Caliornia

08--1235 Said Kuman v. Bush et al
7/17/08 7/17/08
7/17/0S

Judl!e Bates
Jude:e Bates

c-

08-cv-1236

Abd AI Sattar v. Bush et al

OS-c-1237

AI Wadv v. Bush et al

Judve Collver

o 00 -0 o 0 -\ I o o
00

-u
(Q
ro VJ
Q)

OS-cv-123S

Balzair v. Bush et a!

Judle Robert

o. -

VJ

EXHIBIT B

Habeas Visit Coordination Sheet

Case:oR-cv- OIZ.3S-wJA ¡OS -c.V -OiZ.W- arJlt í OfS_cv-óli3'i-11tJA

Date: 1z.i.lOHZ.(OIt!08

AttornevlInterpreter Information:

NameIole *

I Gender I Home City/State I Nationality I SSN

(M

clear \ Typeance
l;;;c¡it;í S;;c¡:Eí

l1

L"$ A,,..UH C
Los AtJ¡;ci£s (II
~ ~ ~.

U,s.
U.).

/'
M

Si:cfUí

f!silrilJk.. 'ill

. For Attorney indicate with "/ A"; for Interpreter indicate with "II"
Detainee Information:

ISN#

P.O. Entr Date

Certify MOU on File with

Court

'zP ii,ll(
.

(yes or no)

Signed GTMO Guide Acknowledgement for DTA P.O.
(ves, no, n1a)

Signed Guide Addendum Acknowledgement for TS/SCI DTA P.O.

(ves, no, n1a)

S7Y

'1/ iI/Dr¡

YES

li/a.
i/ii/tJr¿
Yf:S

VI i~

Y\l'

I(!~

~3~
-S2/

9111 (09.

YE-S

VI/()

"'!t/

Visit Schedule*:

Date

Morning (0900-1130) Detainee aSN)/Counsel

Afternoon (1300-1700)

Detainee (ISN)/Counsel

it /i/oZ
ii-/31o~
ii-/l /()~
1l,1lV¡/l) A&bl~LAI/ 111111100 /1MiArJ 44 7JtlÐY (I' ItS1'1

AI/liED V/'sLAM SAil kllHIiN lrfN it ~z;i

~j,""NAII~

IIIWVltLGIl .
GU.¡JN AAll IIAt.Bi4u,"ll Sïlll4)~1 Aw¡l/i 81l1.?'UI/Il'P- (~~#¡¡~)/GGA¡VIIO IlIlRBA/lr;lf

!Jtllfcud AøouLLìl !fIlH'UÕ IIAç,1w Ai. 4'1MY (rSA Ié 57'l

rJ/V/V /?/o illlt:8IltJ6l1

5~i,i A4IAb 8I1''ZUIlIl/¡: (:SIJ iI'i:5)fGIJIJ'vlI /I¡;t.PAti(

. JTF reserves the right to adjust visit schedule to meet operational needs

. Visit hours are 0900-1130 (mornngs) and 1300-1700 (afernoons)

EXHIBIT C

.
detainee,

"Ahern, Paul (CIV)"

To "Craig Harbaugh" "Craig_Harbaugh(§fd.org:cc "Sparks, Andrew (CIV)" "Andrew,Sparks2(§usdoj,gov:-,

"Paul.Ahem(§usdoj.gov:12/16/200812:31 PM

bcc

"Groner, Arlene (CIV)" "Arlene.Groner(§usdoj,gov:-. "Carlton Gunn" .:Carlton_Gunn(§fd.org:-, "Levin, Scoll (CIV)"

Subject RE: Requested Modifications for Client Visits

Craig/Carl:
We spoke to our clients about your request i and we are willing to work with you in order to facilitate your next meeting, consistent with the need to maintain security in the facility. Addressing your third request first, as you may be aware the protective order governing counsel access to detainees permits habeas counsel to bring detainees "letters, tapes, or other communications introducing to counsel to the

1\ provided the communication is reviewed in advance by

JTF-GTMO. To the extent that you have letters from the Yemeni government or NGOs, please submit those materials to DoD in advance of your visit so they can be reviewed. By way of example, we have in the past made prior arrangements for counsel to show DVD messages from friends and family members during the initial introductory meetings. Again, if you have introductory letters or videos, please submit them to DoD as soon as possible because such material typically requires several weeks to review.
With respect to the other requests raised in your note, JTF-GTMO's policy with respect to detainees who initially refuse requests to meet with attorneys is to permit the attorney to draft a letter to the detainee. In the event the detainee does not consent to move after reviewing the letter, JTF-GTMO will not attempt to move the detainee for the meeting. It has been the experience of JTF-GTMO personnel that continued attempts to obtain a detainee i s consent to move him for a counsel visit, contrary to previously-expressed wishes, has the potential to create a disruption to the good order of the camp. For similar reasons, related to safety and force security, JTF-GTMO does not allow interpreters or habeas counsel on the cell block to speak with

detainees.
Regards,
Paul

Paul Ahern United States Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 TeL. [phone]

The information in this transmittal (including attachments, if any) is intended only for the recipient (s) listed above and may contain information that is privileged and confidential. Any review, use, disclosure, distribution, or copying of this transmittal is prohibited except by or on behalf of the intended recipient. If you have received this transmittal in error, please notify me immediately and destroy all copies of the transmittal. Your cooperation is appreciated.

- - - - -Original Message- - - -From: Craig Harbaugh (mail to: Craig Harbaugh~fd. org)
Sent: Wednesday, December 10, 2008-12:57 PM To: Ahern, Paul (CIV) Cc: Carlton Gunn Subj ect: Re: Requested Modifications for Client visits

Hi, Paul - When we spoke on Monday, you had indicated you were going to make lie-introductions" between us and the lead attorneys on these cases. Have you been able to do so yet? Thanks - Craig

Craig
Harbaugh/CACF/091
FDO

To
paul. ahern~usdoj . gOY

cc

12/07/2008 12: 39
PM

Carlton Gunn/CACF/09/FDO~FDO

Subj ect

Client

Requested Modifications for

Visi ts

Hello, Paul:

unrepresented.
ISN

Carl Gunn and I were appointed in July 2008 to represent three of the final thirteen detainees with pending habeas petitions who were

We represent the following detainees:
(al Hamoud Abdullah Hamoud Hassan Al Wady, also known as Houmad Warzly,

#574
Case Nos. 1:05-cv-02385, Al Halmandy et al v. Bush et al

1: 08-cv-01237, Al Wady v. Bush et al

Case No. 1:08-cv-01235, Kuman v. Bush et al

(b) Ahmed Yaslam Said Kuman, ISN # 321
(c) Shawki Awad Ba1zuhair, ISN # 838

Case No. 1:08-cv-01238, Ba1zuhair v. Bush et al
From December 2 through December 4, 2008, we were scheduled to visit all three clients. Several weeks before arriving, we had sent letters to the clients introducing ourselves and informing them of our visits. On November 29, 2008, the letters to Mr. Al Wady and Mr. Kuman were returned to our office unopened. When we arrived at the detention facility in Guatanamo, Mr. Al Wady and Mr. Kuman refused to meet with us entirely (Mr. Kuman agreed to come over to the visiting area but then would not meet with us; Mr. Al Wady refused to leave his camp). Mr. Balzuhair refused to meet with us the first day but then agreed to see us the second day (as soon as my notes have undergone security team review, I can prov~de you more detail). Following the refusals, we were only given the option of submitting a hand-written note to be delivered to the client. At that time, we formally requested an opportunity to (a) send our interpreter back to meet with the clients and (b) an opportunity to meet with the clients face to face. The Staff Judge Advocate representative (I'll provide you with her name if I am allowed to do so) denied both

requests.

We are currently scheduled to meet with our clients the week of December 15-19, 2008. Given the need for greater access to our clients, I am requesting modifications to the visitation policy as follows:

(1) Following an initial refusal, we are allowed to send our interpreter back to meet with the client directly.
(2) To the extent the detainee still refuses to meet wi th us, the attorneys are allowed to meet with the client face-to-face.

(3) We are allowed to bring letters to the client from either the Yemen government, Nongovernmental Organization or former detainee discussing the role of habeas proceedings and the importance of meeting with one's

attorney.

discuss the matter further.
Sincerely i

I intend to call you tomorrow, December 8, 2008, at 11:00 a.m. EST to

Craig A. Harbaugh Deputy Federal Public Defender Office of the Federal Public Defender - Central District of California 321 E. 2nd Street Los Angeles, CA 90012 [phone]

CONFIDENTIALITY NOTICE
This email, and any attachments accompanying this e-mail, contain information from the Federal Public Defender for the California Central District of which is confidential or privileged. The information is intended only for the use of the individual (s) or entity (9) named in this e-mail. If you are not the intended recipient, be aware that any

disclosure, copying, distribution or use of the contents of this information is prohibited. If you have received this e-mail in error, please notify us immediately by reply e-mail.

EXHIBIT D

I.

.Hamud al-Wady . Wikipedia, the free encyclopedia

Page 1 of3

Ham ou d ai~állye Wikipedia by supporting itjinancially.
From Wikipedia, the free encyclopedia
(Redirected from Hamoud Abdullah Hamoud Has Al Wady)
"amoud Abdullah "amoud Hassan AI Wady is a citizen of

/

Yemen, held in extajudicial detention in

the United States Guantaamo Bay Naval Base, in Cuba.(ll Al Wady's Guatanamo detainee lD number Defense report thatAl Wady was bomon September 5,1965, in San'a, of is 574. The Deparent Yemen.

Contents
. I Combatant Status Review Tribunal . i. Allegations
. 1.2 Transcript
. 1.3 Confusion over the Tribunal process

. 2 Administrative Review Board hearing

. 3 References

Combatant Status Review Tribunal
Initially the Bush adinisttion asserted that they could withold all
the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics
argued that the USA could not evade its obligation to conduct

¡------ .__..::...__...m_..__.__' 'i

competent tribunals to detennine whether captives are, or ar not,
entitled to the protections of prisoner of war sttus.

Subsequently the Departent of Defense institute the Combatat
Status Review TribunaL. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather

II : i,
i ! , i

t
i ì

i Combatat Status Review :

! Tribunals were held in a trailer'
, Ihe size oca lare RV. The

they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administrtion's definition of an enemy combatant.
To comply with a Freedom of Infonnation Act reuest, during the

; captive sat on a plasic gaden

chair, with his hands and feet shackled to a bolt in the floor.
(21(3) Three chairs were

reerved for members of the
pres, but only 31 of

the 574

winter and spring of 2005, the Deparent of Defense released 507
memoranda. Those 507 memoranda each contained the allegations

i Tribunals were observed.i4) .
'- .____._... ..'____ umm__.oo ...:

against a single detainee, prepared for their Combatat Statu Review
Tribunals. The detanee's name and ID numbers wer redacted from all but one of

the memoranda.

However i 69 of the memoranda had the detainee's lD hand-written on the top right hand of the first page comer. When the Departent of Defense complied with a court order, and released offcial lists of the detainee's names and lD numbers it wa possible to identify who those 169 were wrtten about.
Hamoud Abdullah Hamoud Hassan AI Wadv was one of

those 169 detainees.(5l

http://en.wikipedia.org/wikiIamoud_Abdullah_Hamoud _ Hassan_Al_ Wady

8/12/2008

Hamoud al-Wady - Wikipedia. the free encyclopedia

Page 2 of3

Allegations
a. The detainee is associated with Talíban and Al Qaida.

I, The detainee traveled to Afghanistanfrom Yemen via Iran and Syria in early 2001.
2. The detainee was recruited to go to Afghanistan and a religious educator financed his

travel.
3. The detainee went to Afghantstan to fight Jihad.
4. The detainee stayed in multiple safe

houses in Pakistan and Afghanistan.

5. The detainee is knowledgeable in the use of a Kalashnikov rife.
6. The detainee was a money courier.
7. The detainee delivered money to the Talian in Herat.
8, The detainee was captured in a saf

house in Pakistan.

b. The detainee supported military operations against the coalition. 1. The detainee served at the Said Center for the rear guard near Bagram for the Taliban.

Transcript
Al Wady chose to parcipate in his Combatant Status Review Tribunai.(61

Confusion over the Tribunal process
Al Wady's transcript records him describing his confuion over the Tribunal process,

Administrative Review Board hearing
Detainees who were determined to have been properly clasified as "enemy combatats" were scheduled to have their dossier reviewed at anual Admnistrative Review Board heangs. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW statu, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
They were authorized to consider whether a detainee should continue to be detained by the United
States, becuse they continued to pose a thrat - or whether they could saely be repatriated to the

custody of their home country, or whether they could be set free.

al-Wady chose to parcipate in his Administrtive Review Board heaing, tellng tbe panel that he was entering his fifth year of imprisonment and "want(ed) to see America justice, where is it?,,(71

References
i. "list of prisoners (.pdt) (htt://ww.dod.millpubslfoi/detaineesld200605l5.pdf). US Department
of Defense, May i 5, 2006 2. "Guantånamo Prisoners Getting Their Day, but Hardly in Court

(htt://ww.nytes.com/2004/1l/08/national08gitmo.html?

ex=1257570000&en==4af6725bdc086&ei=5088&parner=rssnyt), New York Times, November

11,2004 - mirror (http://cageprisoners.comlaricles.php?aid==3838) 3. "Inside the Guantánao Bay hearings: Barbarian "Justice" dispensed by KGB-stle "military

http://en.wikipedia.org/wikiIamoud_Abdullah_Hamoud_ Hassa_Al_ Wady

8/12/2008

Hamoud al-Wady - Wikipedia, the free encyclopedia

Page 3 of3

tribunals" (http://ww.christusrex.orglwwllnewslft-12-ll-04a.htm). Financial Times,
Decmber I 1 , 2004

4. ""Anual Administrative Review Boards for Enemy Combatants Held at Guantao
Attrbutable to Senior Defense Offcials (htt://ww.defenselin.milltrcriptstranscript.aspx?
transcriptid=3902)". United States Deparent of

Defense (March 6, 2007). Retrieved on 2007-

09-22.
5. 1\ Summar of

Evidenc memo (.pdt

(http://ww.dod.mil/pubsfoildetaneeslcsr_mar05.pdf#256) prepa for Hamoud Abdullah Hamoud Hassa Al Wady's Combatant Status Review Tribunal - October 13, 2004 - page 256

6. "Summarized transcripts (.pd
(http://ww.defenselink.mil/pubs/foildetaineeslcsrtSet_39 _ 2629-2646.pdf# I), from Hamoud

Abdullah Hamoud Hassan Al Wady's Combatant Status Review Tribunal- pages 1-13
7. ''http://news.yahoo.comlslapI20070909/ap _ on_re_la _am _ calguataamo
Retrieved from ''htt://en.wikipedia.org/kilHaoud_al-Wady''

Categories: People held at the Guantaamo Bay detention cap I Yemeni extrjudicial prisoners ofthe
United States I Living people Hidden categories: NPOV disputes from December 20071 All NPOV disputes
. This page was last modified on i 0 May 2008, at 09:03.

. All text is available under the terms of the GNU Free Documentation Licens. (See Copyrights for details.) Wikipcdia(l is a registered trademark of the Wikimedia Foundation, Inc., a U.S. registered 501 (c) (3) tax-deductible nonprofit charity.

http://en,wikipedia,orglwikilHamoud_Abdullah_HamoudJl.assan _ AI_ Wady

8/l2/200S

EXHIBIT E

~

Case 4:99-cv-06859-VAP-OP Document 89

,.
Eriler

Filed 12/0.06

Page 1 of 5'

I

2
3

Priority y./ S~rid

.

Closed ,. "~ N ::~ o..: 0
¿;. .'-

IL
,

4
5

JS-S/JS'6 JS.2/J8'3 Scaii Olll -

y-

I
i

06 ','
C.; 7

.".,u, ..

"'

":'- :i

I

í.

N
9 10
.

.:' 8

-l

:.:~
:

_. ,-ü ..i ::.
- '.

... .:.:... t~ i

TED STATES DISTRCT COURT
CENTRAL DISTRCT OF CALIFORNIA EASTERN DIVISION

~ "

11 AMS NELSON BLAIR,
12
13

NO. CV-99-06859-MR (OP)

Petitioner,
v.

DEATH PENALTY CASE

14 ROBERT L. AYERS, Jr., Acting Warden, California State Prison at
15 San Quentin,
16

tJ ~ROPO§EPi ORDER RE: ONFIDEN IAL CELL-SIDE MEETINGS WITH JAMES NELSON BLAIR

Respondent.

17

18 GOOD CAUSE APPEARIG, IT is HEREBY ORDERED THT:
19 i. Petitioner's Motion for an Order Directing Respondent-California
20 eparent of

Corrections and Rehabilitation to Permit Counsel Confidential

21 Cell-Side Meetings with James Nelson Blair is GRANTED.
22 2. Respondent Robert L. Ayers, Jr., Acting Warden of San Quentin State
23 rison, is ordered to permit members of

Petitioner's legal team to conduct three (3)

24 confidential cell-side meetings with Petitioner at his cell in the Adjustment Center

25 at San Quentin State Prison. If counsel for Petitioner determine that additional" \

28 / ~"";) ./' .
i

26 meetings are necessary, the Cour will entertain an application for suc~ional "
27 eetings and wil provide Respondent an opportity to be he~_' ' .~ cf. . .',

\ / ",:."" /~

cÆ

Case 2:99-cv-06859-VAP-OP Document ß9

..

Filed 12/0.06

Page 2 of 5'

1 3. Counsel may meet with Petitioner for up to one-and-one-half ( 1/1/2)
2 ours at each visit. No more than two (2) members of

Petitioner's legal team may

3 attend each visit.
4 4. Counsel for Petitioner shall coordinate the scheduling of the visits
5 ith the legal coordinator at San Quentin State Prison, Ms. Denise Dull, providing

6 suffcient notice ofrequested dates in order arrange the visits at dates and times
7 at are least disruptive of prison operations.

8 5. The Warden of San Quentin State Prison may require the members of
9 etitioner's legal team to wear "stab vests" and protective eye wear while within

10 he Adjustment Center. The Warden may not require the legal team members to
I i ear face shields.
12 6. The Warden of San Quentin State Prison may require two (2) of

its

13 correctional offcers to escort the legal team members at each cell-side visit. The
14 correctional offcers shall be stationed six to eight feet away from the legal team
15 embers during each visit.
16 7. Any California Deparent of

Corrections and Rehabiltation

17 employees present at the confidential legal visits shall not disclose to anyone any
18 communications, verbal or non-verbal, that are heard or observed between Mr.
i 9 lair and members of

his legal team.

20 8. If at any time during the legal visit, the correctional offcers believe
21 hat the safety of the members of

Petitioner's legal team or ofthe offcers

22 hemselves is in

jeopardy, the offcers may tenninate the visit. The Court shall be

23 otified of the circumstances surrounding such a tennination for fuer
24 consideration.
25 9. Counsel for Mr. Blair, the Offce of

the Federal Public Defender,

26 shall infonn him in writing of

this Court's order granting cell-side visits and offer

27 him the alternative of a legal visit in the legal visiting area for condemned inmates
28 at San Quentin.
2

Case 2:99-cv-06859-VAP-OP Document 89

..

Filed 12/0.06

Page 3 of 5'

I 10. Prior to each scheduled cell-side meeting, counsel for Mr. Blair shall
2 otify him in writing of the date and time of

the meeting and offer him the

3 alternative of a legal visit in the legal visiting area for condemned inmates at San

4 Quentin. In addition, the legal coordinator at San Quentin State Prison, Ms.
5 enise Dull, and counsel for Petitioner wil, in advance of each scheduled

6 meeting, attempt to coordinate a telephone call between Petitioner and counsel, at

7 which time counsel wil again offer Mr. Blair the alternative of a visit in the legal
8 isiting area for condemned inmates at San Quentin. Respondent will not forcibly

9 extract Petitioner from his cell for the telephone call or otherwise require him to
10 aricipate in the call, but wil simply offer him the opportunity to speak with his

11 counsel by phone at a location designated by the Warden at San Quentin State
12 rison or Ms. DulL.
13

14 15

ATED:

/, ki;~ /,

HONORALE OSWALD PARDA
United States Magistrate Judge

~

16
17

18 resented By:
19

20
21

L-

22

23 pproved as to form and content only:
24
25
26 eputy Attorney General

Counsel for Respondent
27
28

t-~ asQav-06859~ri Document 89

..

Filed 12/0.00l3 BIgP of 5'.03

i 10. Prior to each scheduled cell-side meeting, counel for Mr. Blair shall
2 otify hi in wrting of the dat and time of

the meetig and offer him the

3 Itemative of a legal visit in the lega visiting ara for condemned inmates at San
4 enti. In addition, the lega cordinto at San Quentin State Prison, Ms.
5 iuse Dull, and counsel for Petitioner will, in advance of each scheduled
6 eeting, attempt to coordinate a telephone call between Petitioner and counsel, at

7 ruch time counsel wil again offer Mr. Blai the alternative of a visit in the legal
8 ¡siting ara for condenmed inmates at San Quentin. Respondent wil not forcibly
9 xtrct Petitioner from his cell for the telephone call or otherwise requie him to

10 aricipate in the call, but win simply offer hi the opportity to speak with his
11 ounsel by phone at a location designed by the Warden at San Quentin State

12 ison or Ms. DuL.
13

14

15 ATED:
16 17

HONORALn OSWALD PARA
United States Magistrate Judge

18
19

20
21

22

23 pproved as to fonn and content only:
24
25

26 27 28

TorR. P.W

Case 2:99-cv-06859-VAP-OP

..

.

Document ß9

Filed 12/0_06

Page 5 of 5-

PROOF OF SEBVICE
2

I, the undersigned, declare that: I am employed in Los Angeles County,

3 California; my business address is the Federal Public Defender's Offce, 321 East
4 Second Street, Los Angeles, California 900 I 2-4202; I am over the age of eighteen
5

ears; I am not a par to the above-entitled action; I am employed by the Federal
ublic Defender for the Central District of California, who is a member of

6
7 of the United States District Court for the Central District of Cali fomi

the Bar
a, and at

8
hose direction I served a copy of

the attched (pROPOSED) ORDER RE:

9 CONFIDENTIAL CELL-SIDE MEETINGS WITH JAMES NELSON
io
11

LAIR on the following individual(s), addressed as follows, by:
i I Placing same in an envelope for hand-

II Placing same in a 12 sealed envelope for

IXI Placing same in a sealed envelope for
collection and mailng

i i Fuing same via
facsimile machine:

13 olleclion and internffce
delivery:

delivery:

via tbe Uoited Slates

14

15 A.SCOTTHAYWARD

Post Offce: JAMES N. BLAIR
CDC #D-13027

PRIL S. RYLAARSDAM

16 Offce ofthe Attorney General 00 South Spring Street, Ste. 5000
17 Los Angeles, CA 90013

San Quentin Slate Prison San Quentin, CA 94964

18

B d- elive :
CLERK
Los Angeles, CA 90012

Courtesv coov to:

19 DEATH PENALTY LAW

HON. OSWALD PARADA
U.S. Magistrate Judge

20 12 Nortb Spring Street, Rm. SIOD

Riverside Federal Courthouse

21

Riverside, CA

22
23

This proof of service is executed at Los Angeles, California, on
ovember 21,2006.

24
I declare under penalty of perjury that the foregoin . tre and correct to

25
26 he best of

my knowledge.

27 28