IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 1776

Unopposed MOTION for Extension of Time to FILE A TRAVERSE by ABD AL-RAHIM HUSSAIN MOHAMMED AL-NASHIRI (Attachments: # 1 Text of Proposed Order)(Turner, Paul)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 1776

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________ ABD AL-RAHIM HUSSAIN MOHAMMED AL-NASHIRI, Guantanamo Bay Naval Station, Guantanamo Bay, Cuba, Petitioner,

CIVIL ACTION (HABEAS CORPUS) No. 08-Civ-1207 (RWR) Misc. No. 08-mc-442 (TFH) JUDGE: Richard W. Roberts

v.

BARACK OBAMA, et al., Respondents.

PETITIONER'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE A TRAVERSE

During the last two months the government has filed factual returns, classified and unclassified, "Respondents' Statement Of Legal Justification For Detention" and "Exculpatory Information" in this case pursuant to sections I.A.-D., respectively, of the Case Management Order, as amended ("CSO," Civil Docket, Documents 53 & 71). See Civil Docket, Documents 111, 112, 118 and 122. On May 15, 2009, the government filed its Notice of Certification Pertaining to Production of Exculpatory Information pursuant to section I.D.1. of the CSO. See Civil Docket, Documents 130, 132. Accordingly, under section I.G. of the CSO petitioner's traverse is currently due Friday, May 29. Since a substantial portion of the documents produced in the factual returns is classified, counsel has recently made several trips from Las Vegas, Nevada, to the secure facility in Crystal

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Dockets.Justia.com

City, Arlington County, Virginia. The last trip was completed contemporaneously with the certification's filing. Following review of such filings, counsel have concluded that they need to seek discovery pursuant to section I.E. of the CMO and will be returning to the secure facility this coming week to prepare discovery requests for transmission to the government, seeking discovery on an agreed basis and/or pursuant to a motion filed with the Court. In addition, during the next few weeks counsel is planning to travel to Guantanamo Bay for a client visit, including review of declassified documents. Counsel will also confer with counsel for the government as to an agreed scheduling order for further proceedings in the case, which proposed order could then be presented to the Court for its review. Accordingly, in light of the above circumstances, petitioner respectfully moves for a 60-day enlargement of time within which to file his traverse, or until July 28, 2009. Counsel has conferred with counsel for the government, who has advised that the government does not object to this motion. Dated: May 28, 2009 Las Vegas, Nevada Respectfully Submitted, /s/ Paul G. Turner *PAUL G. TURNER Nevada Bar No. 07941 Assistant Federal Public Defender *GERALD BIERBAUM Texas Bar No. 24025252 Assistant Federal Public Defender 411 East Bonneville Avenue, Ste. 250 Las Vegas, NV 89101 [phone] *Attorneys for Petitioner

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CERTIFICATE OF SERVICE I hereby certify that on May 28, 2009, I served the foregoing PETITIONER'S MOTION FOR EXTENSION OF TIME TO FILE A TRAVERSE, with the United States District Court for the District of Columbia for electronic filing (CM/ECF) with the Court and service on the persons listed on the attached service list: SERVICE LIST: Judry Laeb Subar U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch Email: [e-mail] Scott Michael Marconda U.S. DEPARTMENT OF JUSTICE Email: [e-mail] Alexander Kenneth Haas U.S. DEPARTMENT OF JUSTICE Email: [e-mail] Kathryn Celia Mason U.S. DEPARTMENT OF JUSTICE Email: [e-mail] Andrew I. Warden U.S. DEPARTMENT OF JUSTICE Email: [e-mail] Terry Marcus Henry U.S. DEPARTMENT OF JUSTICE Email: [e-mail] Jean Lin U.S. DEPARTMENT OF JUSTICE Email: [e-mail] Jonathan S. Needle U.S. Department of Justice Civil Division, Federal Programs Branch E-mail: [e-mail] Julia A. Berman U.S. Department of Justice Civil Division, Federal Programs Branch Email: [e-mail] Paul Edward Ahern U.S. DEPARTMENT OF JUSTICE Civil Division, Federal Programs Branch [e-mail] Kristina Ann Wolfe US DEPARTMENT OF JUSTICE Email: [e-mail] /s/ Leianna Montoya Leianna Montoya, Employee of the Federal Public Defenders Office

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