RUZATULLAH v. RUMSFELD et al

The United States has detained petitioners Ruzatullah and Haji Ruhullah at the United States Bagram Air Base in Afghanistan. The Next Friend of the detainees challenge the detention of the petitioners under President Bush's military order authorizing indefinite detention without due process of law.
Petitioners:RUZATULLAH, INAVATULLAH, HAJI ROHULLAH and BAZ MOHAMMAD
Respondents:JOHN DOE, JOHN DOE 2 and ROBERT GATES
 
Case Number:1:2006cv01707
Filed:October 2, 2006
 
Court:District Of Columbia District Court
Office:Habeas Corpus (General) Office
County:99999
Presiding Judge:Judge Gladys Kessler
 
Nature of Suit:P. Petitions - General
Cause:U.S. Government Defendant
Jurisdiction:U.S. Government Defendant
Jury Demanded By:28:2241 Petition for Writ of Habeas Corpus (federa
Date Filed # Docket Text
October 2, 2006 1 PETITION for Writ of Habeas Corpus ( Filing fee $ 5 receipt number 139007.)filed by HAJI ROHULLAH, BAZ MOHAMMAD, RUZATULLAH, INAVATULLAH. (Attachments: # 1 Civil Cover Sheet)(tg, ) (Entered: October 11, 2006)
October 16, 2006 2 ORDER that Respondents shall show cause by November 6, 2006 why the Petition for Writ of Habeas Corpus by Next Friends should not be granted . Signed by Judge Gladys Kessler on 10/16/06. (CS, ) (Entered: October 16, 2006)
October 17, 2006 Set/Reset Deadlines: Response to Show Cause due by 11/6/2006. (tth, ) (Entered: October 17, 2006)
November 2, 2006 3 Unopposed MOTION for Extension of Time to Respond to Order to Show Cause by DONALD RUMSFELD, JOHN DOE, JOHN DOE 2. (Attachments: # 1 Text of Proposed Order)(Lin, Jean) (Entered: November 2, 2006)
November 2, 2006 4 ORDER granting 3 Motion for Extension of Time for respondents to respond to petitioners' Petition to and including 11/20/06. Signed by Judge Gladys Kessler on 11/2/06. (tth, ) (Entered: November 3, 2006)
November 3, 2006 Set/Reset Deadlines: Response due by 11/20/2006 (tth, ) (Entered: November 3, 2006)
November 20, 2006 5 RESPONSE TO ORDER TO SHOW CAUSE by DONALD RUMSFELD, JOHN DOE, JOHN DOE 2. (Attachments: # 1 Text of Proposed Order # 2 Affidavit Declaration of Colonel Rose Miller)(Lin, Jean) (Entered: November 20, 2006)
November 20, 2006 6 MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause (also filed as docket #5) by DONALD RUMSFELD, JOHN DOE, JOHN DOE 2. (Attachments: # 1 Text of Proposed Order # 2 Affidavit Declaration of Colonel Rose Miller)(Lin, Jean) (Entered: November 20, 2006)
November 28, 2006 7 Joint MOTION for Extension of Time to Respond to Respondents' Motion to Dismiss the Petition by RUZATULLAH. (Attachments: # 1 Text of Proposed Order)(Foster, Tina) (Entered: November 28, 2006)
November 28, 2006 MINUTE ORDER granting 7 the parties' Joint Motion for Extension of Time; Petitioners shall file their Response to Respondents' Motion to Dismiss on or before December 22, 2006; Respondents shall file their reply to Petitioners' Response on or before January 12, 2007 . Signed by Judge Gladys Kessler on 11/28/06. (CS, ) (Entered: November 28, 2006)
November 28, 2006 Set/Reset Deadlines: Responses due by 12/22/2006 Replies due by 1/12/2007. (CS, ) (Entered: November 28, 2006)
December 22, 2006 8 ENTERED IN ERROR.....APPLICATION for Writ of Habeas Corpus Amended Petition by RUZATULLAH. (Foster, Tina) Modified on 12/26/2006 (lc, ). (Entered: December 22, 2006)
December 22, 2006 9 NOTICE of Filing of Amended Petition by RUZATULLAH re 8 Application for Writ, 6 MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause (also filed as docket #5), Set/Reset Deadlines, Order on Motion for Extension of Time to, (Foster, Tina) (Entered: December 22, 2006)
December 22, 2006 10 MOTION for Order Setting Schedule for Responses to Amended Petition by RUZATULLAH. (Foster, Tina) (Entered: December 22, 2006)
December 22, 2006 11 Amended PETITION for Writ of Habeas Corpus filed by HAJI ROHULLAH, BAZ MOHAMMAD, RUZATULLAH, INAVATULLAH.(lc, ) (Entered: December 26, 2006)
December 26, 2006 NOTICE OF CORRECTED DOCKET ENTRY: re 8 Application for Writ was entered in error because Amended Petitions must be filed by the Court, not electrinically. The Court has refiled the document correclty (see docket entry #11). (lc, ) (Entered: December 26, 2006)
December 28, 2006 12 ORDER that Respondents are to file their response to Petitioners' Amended Petition for Writ of Habeas Corpus by January 29, 2007; the opposition is due no later than February 29, 2007 and any reply is due no later than March 10, 2007 . Signed by Judge Gladys Kessler on 12/28/06. (CS, ) (Entered: December 28, 2006)
December 28, 2006 Set/Reset Deadlines: Responses due by 1/29/2007. Oppositions due by 2/28/2007. Replies due by 3/10/2007. (CS, ) Modified on 1/3/2007 (CS, ). (Entered: December 28, 2006)
December 28, 2006 MINUTE ORDER: The date for Petitioners to file their Opposition to Respondents' Response to their Amended Petition for Writ of Habeas Corpus was incorrectly typed on the previous order; that date should read February 28, 2007 . Signed by Judge Gladys Kessler on 12/28/06. (CS, ) (Entered: December 28, 2006)
January 9, 2007 13 Unopposed MOTION for Leave to File Second Amended Petition by RUZATULLAH. (Attachments: # 1 Second Amended Petition# 2 Second Amended Petition -- Verification and Certification# 3 Second Amended Petition -- Client Authorization# 4 Second Amended Petition -- Client Authorization)(Foster, Tina) (Entered: 01/09/2007)
January 9, 2007 MINUTE ORDER granting 13 Petitioners' Motion for Leave to File Second Amended Petition . Signed by Judge Gladys Kessler on 1/9/07. (CS, ) (Entered: January 9, 2007)
January 10, 2007 14 Second Amended PETITION for Writ of Habeas Corpus filed by HAJI ROHULLAH, BAZ MOHAMMAD, RUZATULLAH, INAVATULLAH. (Attachments: # 1 verification and certification# 2 client authorization# 3 client authorization)(tg, ) (Entered: January 10, 2007)
January 29, 2007 15 MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause by DONALD RUMSFELD, JOHN DOE, JOHN DOE 2. (Attachments: # 1 Affidavit Declaration of Colonel James W. Gray# 2 Text of Proposed Order)(Lin, Jean) (Entered: January 29, 2007)
February 13, 2007 16 NOTICE of Appearance of Baach Robinson & Lewis by RUZATULLAH (Foster, Tina) (Entered: February 13, 2007)
February 13, 2007 17 Consent MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause by RUZATULLAH. (Foster, Tina) (Entered: February 13, 2007)
February 14, 2007 MINUTE ORDER granting 17 the Consent Motion for Extension of Time; Petitioners shall file their response to the motion to dismiss on or before March 30, 2007; Respondents shall file their reply on or before April 20, 2007 . Signed by Judge Gladys Kessler on 2/14/07. (CS, ) (Entered: February 14, 2007)
February 14, 2007 Set/Reset Deadlines: Responses due by 3/30/2007 Replies due by 4/20/2007. (CS, ) (Entered: February 14, 2007)
March 29, 2007 18 NOTICE of Appearance by Anne Katherine Toomey on behalf of RUZATULLAH (Toomey, Anne) (Entered: March 29, 2007)
March 30, 2007 19 Memorandum in opposition to re 15 MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause, 6 MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause (also filed as docket #5) MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause (also filed as docket #5) filed by HAJI ROHULLAH, BAZ MOHAMMAD, RUZATULLAH, INAVATULLAH. (Attachments: # 1 Text of Proposed Order # 2 Appendix)(Toomey, Anne) (Entered: March 30, 2007)
April 20, 2007 20 REPLY to opposition to motion re 15 MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause filed by DONALD RUMSFELD, JOHN DOE, JOHN DOE 2. (Attachments: # 1 Exhibit 1 through 4)(Lin, Jean) (Entered: April 20, 2007)
July 6, 2007 21 SUPPLEMENTAL MEMORANDUM to re 15 MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause filed by DONALD RUMSFELD, JOHN DOE, JOHN DOE 2. (Attachments: # 1 Affidavit 2d Declaration of Colonel James W. Gray)(Lin, Jean) (Entered: July 6, 2007)
July 10, 2007 MINUTE ORDER denying as moot 6 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Gladys Kessler on 7/10/2007. (lcgk2) (Entered: July 10, 2007)
July 13, 2007 22 Unopposed MOTION for Order Setting a Briefing Schedule with Respect to Respondents' Supplemental Filing in Support of Their Motion to Dismiss by HAJI ROHULLAH, BAZ MOHAMMAD, RUZATULLAH, INAVATULLAH (Attachments: # 1 Text of Proposed Order Setting a Briefing Schedule with Respect to Respondents' Supplemental Filing in Support of Their Motion to Dismiss)(Toomey, Anne) (Entered: July 13, 2007)
July 16, 2007 MINUTE ORDER granting 22 the Unopposed Motion to Set a Briefing Schedule; Petitioners shall file their response to the supplemental Motion to Dismiss on or before July 30, 2007; Respondents may file any reply on or before August 10, 2007. Signed by Judge Gladys Kessler on 7/16/07. (CL, ) (Entered: July 16, 2007)
July 16, 2007 Set/Reset Deadlines: Responses due by 7/30/2007,Replies due by 8/10/2007. (CL, ) (Entered: July 16, 2007)
July 24, 2007 23 NOTICE OF SUPPLEMENTAL AUTHORITY by HAJI ROHULLAH, BAZ MOHAMMAD, RUZATULLAH, INAVATULLAH (Attachments: # 1 Exhibit Order of Judge Bates)(Toomey, Anne) (Entered: July 24, 2007)
July 30, 2007 24 MOTION to Amend/Correct Scheduling Order by RUZATULLAH (Attachments: # 1 Text of Proposed Order Amended Scheduling Order)(Toomey, Anne) (Entered: July 30, 2007)
July 30, 2007 MINUTE ORDER granting 24 the Amended Unopposed Motion to Set a Briefing Schedule with Respect to Respondents' Supplemental Filing in Support of Their Motion to Dismiss; Petitioners may file their response to the Supplemental Motion to Dismiss on or before August 1, 2007; Respondents shall file any reply on or before August 14, 2007. Signed by Judge Gladys Kessler on 7/30/07. (CL, ) (Entered: July 30, 2007)
July 30, 2007 Set/Reset Deadlines: Responses due by 8/1/2007,Replies due by 8/14/2007. (CL, ) (Entered: July 30, 2007)
August 1, 2007 25 Memorandum in opposition to re 15 MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause filed by RUZATULLAH. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 6# 7 Exhibit Exhibit 7# 8 Exhibit Exhibit 8# 9 Exhibit Exhibit 9# 10 Exhibit Exhibit 10)(Toomey, Anne) (Entered: August 1, 2007)
August 10, 2007 26 MOTION 30 Day Notice of Transfer by HAJI ROHULLAH (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Text of Proposed Order Proposed Order)(Toomey, Anne) (Entered: August 10, 2007)
August 13, 2007 27 Consent MOTION for Extension of Time to File Response/Reply with respect to respondents' supplement to motion to dismiss by ROBERT GATES, DONALD RUMSFELD, JOHN DOE, JOHN DOE 2 (Attachments: # 1 Text of Proposed Order)(Lin, Jean) (Entered: August 13, 2007)
August 13, 2007 MINUTE ORDER granting 27 Respondents' Motion for Extension of Time; Respondents shall have up to and including September 5, 2007, in which to file their reply to Petitioner's Opposition to Respondents' Supplemental Motion to Dismiss. Signed by Judge Gladys Kessler on 8/13/07. (CL, ) (Entered: August 13, 2007)
August 13, 2007 Set/Reset Deadlines: Replies due by 9/5/2007. (CL, ) (Entered: August 13, 2007)
August 24, 2007 28 Memorandum in opposition to re 26 MOTION 30 Day Notice of Transfer filed by ROBERT GATES, JOHN DOE, JOHN DOE 2. (Attachments: # 1 Exhibit 1-6)(Lin, Jean) (Entered: August 24, 2007)
September 4, 2007 29 REPLY to opposition to motion re 26 MOTION 30 Day Notice of Transfer filed by HAJI ROHULLAH. (Attachments: # 1 Exhibit Exhibit 1)(Toomey, Anne) (Entered: September 4, 2007)
September 5, 2007 30 REPLY to opposition to motion re 15 MOTION to Dismiss for Lack of Jurisdiction and Response to Order to Show Cause Regarding Supplement to Motion to Dismiss filed by ROBERT GATES, DONALD RUMSFELD, JOHN DOE, JOHN DOE 2. (Attachments: # 1 Affidavit Declaration of Colonel Anthony Zabek)(Lin, Jean) (Entered: September 5, 2007)
September 13, 2007 31 ORDER denying without prejudice until the Supreme Court has ruled definitively on the issue of the District Court's jurisdiction 15 Respondents' Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Gladys Kessler on 9/13/07. (CL, ) (Entered: September 13, 2007)
October 2, 2007 32 ORDER granting 26 Petitioner's Motion for Order Requiring Respondents to Provide 30-Days' Advance Notice of Any Proposed Transfer of Petitioner Rohullah from Bagram, Afghanistan. Signed by Judge Gladys Kessler on 10/2/07. (CL, ) (Entered: October 2, 2007)
October 15, 2007 33 MOTION Motion for a Report by the US concerning Petitioner's status and potential execution by RUZATULLAH (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Text of Proposed Order)(Toomey, Anne) (Entered: October 15, 2007)
October 17, 2007 34 ORDER: The Government shall file its response to Petitioner's Motion for a Report by the United States Concerning His Status and Potential Execution no later than October 22, 2007. Signed by Judge Gladys Kessler on 10/17/07. (CL, ) (Entered: October 17, 2007)
October 17, 2007 Set/Reset Deadlines: Responses due by 10/22/2007 (CL, ) (Entered: October 17, 2007)
October 22, 2007 35 Memorandum in opposition to re 33 MOTION Motion for a Report by the US concerning Petitioner's status and potential execution filed by ROBERT GATES, DONALD RUMSFELD, JOHN DOE, JOHN DOE 2. (Attachments: # 1 Exhibit 1-3)(Lin, Jean) (Entered: October 22, 2007)
October 24, 2007 36 REPLY to opposition to motion re 33 MOTION Motion for a Report by the US concerning Petitioner's status and potential execution filed by RUZATULLAH. (Toomey, Anne) (Entered: October 24, 2007)
October 30, 2007 37 ORDER denying 33 Petitioner's Motion for a Report by the United States Concerning His Status and Potential Execution. Signed by Judge Gladys Kessler on 10/30/07. (CL, ) (Entered: October 30, 2007)
December 3, 2007 38 NOTICE OF APPEAL as to 32 Order on Motion for Miscellaneous Relief by ROBERT GATES, JOHN DOE, JOHN DOE 2. Fee Status: No Fee Paid. Parties have been notified. (Lin, Jean) (Entered: December 3, 2007)
December 4, 2007 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 38 Notice of Appeal (tg, ) (Entered: December 4, 2007)
December 18, 2007 USCA Case Number 07-5402 for 38 Notice of Appeal filed by JOHN DOE 2, JOHN DOE, ROBERT GATES. (tg, ) (Entered: December 19, 2007)
Docket Report Last Checked: February 5, 2008 15:20:27 PST
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Petitioner: RUZATULLAH
Represented By: Anne Katherine Toomey, Eric Leslie Lewis, Tina M. Foster, Dwight Phillip Bostwick
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Respondent: JOHN DOE
Represented By: Jean Lin
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Respondent: JOHN DOE 2
Represented By: Jean Lin
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Petitioner: INAVATULLAH
Represented By: Tina M. Foster, Anne Katherine Toomey
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Petitioner: HAJI ROHULLAH
Represented By: Dwight Phillip Bostwick, Anne Katherine Toomey, Tina M. Foster, Eric Leslie Lewis
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Petitioner: BAZ MOHAMMAD
Represented By: Tina M. Foster, Anne Katherine Toomey
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Respondent: ROBERT GATES
Represented By: Jean Lin
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