IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Filing 926

NOTICE OF SUBSTITUTION OF COUNSEL by Carlton F. Gunn on behalf of GUANTANAMO BAY DETAINEE LITIGATION Substituting for attorney Shayana Kadidal (Attachments: # 1 [Proposed] Order)(Gunn, Carlton)

IN RE: GUANTANAMO BAY DETAINEE LITIGATION

Doc. 926

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________ IN RE: ) ) GUANTANAMO BAY ) DETAINEE LITIGATION ) ) ) AL HALMANDY, et al., ) ) Petitioner, ) ) v. ) ) BUSH, et al., ) ) Respondents. ) ________________________________ )

Misc No. 08-442 (TFH)

Civil Action No. 05-CV-2385 (RMU)

REQUEST FOR APPROVAL OF SUBSTITUTION OF COUNSEL PLEASE TAKE NOTICE that Deputy Federal Public Defender Carlton F. Gunn and Deputy Federal Public Defender Craig Harbaugh of the Office of the Federal Public Defender for the Central District of California of Los Angeles, hereby request appointment and approval of this Court of their substitution for Shayana Kadidal of the Center for Constitutional Rights as attorney for Petitioner Houmad Warzly, ISN 574. Mr. Kadidal shall continue as counsel for all /// /// /// /// ///

Dockets.Justia.com

other remaining individual petitioners in the above- captioned matter. Respectfully submitted, SEAN K. KENNEDY Federal Public Defender

DATED: October 31, 2008

By

/S/ CARLTON F. GUNN (CA Bar No. 112344) CRAIG HARBAUGH (D.C. Bar No. 974117 ) FEDERAL PUBLIC DEFENDER 321 East 2nd Street Los Angeles, CA 90012 [phone]; Facsimile: [phone] Attorneys for Petitioner

DECLARATION OF CARLTON F. GUNN

I, Carlton F. Gunn, hereby declare and state:

1.

I am a Deputy Federal Public Defender with the Federal Public Defender in the

Central District of California. Our office was appointed to represent three of the detainees at Guantanamo Bay on August 8, 2008, as reflected in the order attached as Exhibit A. I and Deputy Federal Public Defender Craig Harbaugh were assigned to the cases.

2.

One of the detainees whom we were appointed to represent was a detainee for

whom a petition had been filed under the name of Hamoud Abdullah Hamoud Hassan Al Wady in Case Number 08-cv-01237. A copy of that petition is attached as Exhibit B.

3.

We have been informed by both Shayana Kadidal of the Center for Constitutional

Rights and Andrew Warden of the United States Department of Justice that Hamoud Abdullah Hamoud Hassan Al Wady is the same detainee as Houmad Warzly, who is one of the petitioners in this case. This representation was also made by the government in a status report the government filed in the Al Wady case on August 1, 2008, which status report is attached to this declaration as Exhibit C.

4.

Based on this agreement that Hamoud Abdullah Hamoud Hassan Al Wady and

Houmad Warzly are the same detainee, given that we are appointed to represent the petitioner in the Al Wady case, and given that Mr. Kadidal and the Center for Constitutional Rights desire our

substitution as counsel in the Houmad Warzly matter, we believe such substitution is appropriate. We would request that the Court appoint our office and approve that substitution.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

DATED: October 31, 2008

____/S/__________________________ CARLTON F. GUNN Deputy Federal Public Defender

P :\G u n n \G U A N T A N A M O Al W a d y \P L D R e q . for Approval.w p d