IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 869

Amended MOTION for Extension of Time to File Authorization to Proceed by GUANTANAMO BAY DETAINEE LITIGATION (Attachments: # 1 Text of Proposed Order)(Marsh, William)

I N RE: GUANTANAMO BAY DETAINEE LITIGATION

D o c . 869

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

S A L E M AHMED HADI G u a n ta n a m o Bay, CUBA P e titio n e r

v.

GEORGE W. BUSH, et. al. R e sp on den t

) ) ) ) ) ) ) ) ) )

1:08-cv-01228 (RMC)

AM ENDED P E T IT IO N E R 'S MOTION TO EXTEND TIME T O FILE AUTHORIZATION TO PROCEED P e titio n e r Hadi, by counsel, requests the court to clarify the tim e for filing Mr. Hadi's authorization to proceed. In support of th is motion counsel 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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2.

J u d g e Joyce Hens Green's Amended Protective Order of N o v e m b e r 8, 2008, which was made applicable to Mr. Hadi's c a se by Judge Hogan's Order of July 29, 2008, requires c o u n s e l to "provide evidence of his or her authority to r e p r e s e n t the detainee as soon as practicable and in any event n o later than ten (10) days after the conclusion of a second v i s it with the detainee." Exhibit A, ¶ III, C, 2. However,

J u d g e Hogan's Order of July 29, 2008, also included a r e q u ir e m e n t that counsel file the authorization to proceed w ith in 90 days of the date of that order. 3. C o u n s e l have worked as expeditious as possible to meet with M r . Hadi and obtain his authorization to proceed. Upon a p p o in t m e n t counsel promptly submitted an application for th e security clearance necessary to visit Mr. Hadi at G u a n ta n a m o Bay, and an interim security clearance was r e ce iv e d on October 23, 2008. Counsel have submitted a r e q u e s t to visit Mr. Hadi the first week of December 2008, and a ll other arrangements necessary to visit him have been made.

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4.

Te r ry M. Henry, counsel for the respondents, does not oppose th i s motion on the condition that the government is not r e q u ir e d to file a factual return prior to you providing a p p r o p r ia te evidence that the detainees have authorized the h a b e a s suits. C o u n se l moves the court to confirm that the deadline for filing

a n authorization to proceed from Mr. Hadi is ten (10) days after c o u n s e l's second visit with Mr. Hadi. D a te d : October 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 - 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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