IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 536

RESPONSE TO ORDER OF THE COURT RESPONSE TO JULY 29, 2008 ORDER filed by SAMIR LNU. (Attachments: # 1 Declaration DECLARATION OF JAMES A. NICKOVICH, # 2 Exhibit EXHIBIT 1)(Nickovich, James)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

. . . Misc. No. 08-0442 (TFH) . . . Civ. No. 05-2386 (RBW) . . . .

DECLARATION OF JAMES A. NICKOVICH I, James A. Nickovich, hereby declare under penalty of perjury, pursuant to 28 U.S.C., § 1746, that the following facts are true and accurate to the best of my knowledge and belief: 1. 2. 94107. 3. 4. The partner I work with on this case is Howard Ross Cabot. Howard Ross Cabot's principal work address is 2901 N. Central Ave., Suite 2000, I am an attorney with Perkins Coie LLP. My principal work address is 4 Embarcadero Center, Suite 2400, San Francisco, CA

Phoenix, AZ 85012. 5. Howard Ross Cabot and I began working with the Center for Constitutional Rights in the

representation of individuals detained at Guantanamo Bay Naval Base, Cuba ("GTMO") in January, 2008. 6. Petitioner Samir Last Name Unknown, a/k/a Mohammed Noor Uthman, ISN 707,

("Petitioner" or "Mr. Uthman") is our client. 7. We have been authorized to represent Mr. Uthman by his Next Friend, Jamal al-Harith.

A copy of the Next Friend authorization is attached as Exhibit 1. 8. We filed a DTA petition on behalf of Mr. Uthman in the United States Court of Appeals

for the District of Columbia Circuit ("D.C. Circuit") on March 14, 2008. 9. We continue to represent Mr. Uthman before the D.C. Circuit.

10. 2008. 11.

Charges before the Military Commissions were sworn against Mr. Uthman on May 23,

We were accepted as Qualified Civilian Counsel to work with Chief Defense Counsel,

Office of Military Commissions, United States Department of Defense and to represent Mr. Uthman before the Military Commissions in July, 2008. 12. We continue to have a close working relationship with Defense Counsel, Office of

Military Commissions, United States Department of Defense in the representation of Mr. Uthman before the Military Commissions. 13. 2008. Verification I declare under penalty of perjury that the foregoing is true and correct. Executed on September 26, 2008. /s/ JAMES A. NICKOVICH James A. Nickovich We filed a Status Report as attorneys of record for Mr. Uthman in this Court on July 18,

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