IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1421

MOTION for Extension of Time to File Authorization to Proceed by MAHMMOUD OMAR MOHAMMED BIN ATEF (Attachments: # 1 Text of Proposed Order)(Marsh, William)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Do c. 1421

U N I TE D STATES DISTRICT COURT F O R THE DISTRICT OF COLUMBIA

M A H M M O U D OMAR MOHAMMED B I N ATEFF G u a n ta n a m o Bay, CUBA P e titio n e r v.

GEORGE W. BUSH, et. al. D e fe n d a n t

) ) ) ) ) ) ) ) ) )

Misc. No. 08-442 (TFH) 1:08-cv-01232 (JR)

D E F E N D A N T 'S MOTION FOR EXTENSION OF TIME T O FILE AUTHORIZATION TO PROCEED W illia m E. Marsh, court appointed counsel for petitioner m o v e s the court for an extension of time to file an authorization by p e titio n e r to proceed and in support of the motion states: 1. Th is court's order of August 8, 2008, appointed this federal d e fe n d e r office to represent the petitioner in a next friend h a b e a s corpus petition filed on July 17, 2008, and u n d e r s ig n e d counsel promptly entered an appearance on b e h a lf of petitioner.

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Dockets.Justia.com

2.

O n July 29, 2008, the court ordered counsel to file an a u th o r iz a tio n to proceed within 90 days; that deadline was e x te n d e d , pursuant to a motion by undersigned counsel, to D e ce m b e r 29, 2008.

3.

C o u n s e l has attempted to meet with petitioner at Guantanamo a n d has sent him correspondence, but is unable at this time to file an authorization to proceed or a declaration of counsel th a t petitioner has authorized counsel to proceed. Counsel p la n s to attempt to visit petitioner again on February 12, 2009.

4.

A d d itio n a l time is required for petitioner to be able to make an in fo rm e d decision as to whether to authorize counsel to r e p r e s e n t him in this case.

5.

A standard used in some similar cases in this court has a llo w e d counsel time to make two visits to Guantanamo before th e authorization deadline.

6.

I informed Terry Henry, attorney for respondents, by telephone v o ic e mail of my intention to file this motion and requested a r e tu r n call, but have not received a response.
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W h e r e fo r e counsel respectfully moves the court to extend the tim e for filing the authorization from petitioner to proceed be e x t e n d e d for at least 60 days. D a te d : December 30, 2008 / s / William E. Marsh William E. Marsh B ill_ M a r s h @ fd .o r g 9 0 4 0 - 4 9 IN W illia m H. Dazey B ill_ D a z e y @ fd .o r g 4 4 3 3 - 0 4 9 IN I n d ia n a Federal Community Defenders S u ite 752 1 1 1 Monument Circle I n d ia n a p o lis , IN 46204 (3 1 7 ) 383-3520 A t to r n e y s for Petitioner

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