UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
ADELALHAKEEMY )
)
Petitioner, )
)
v. ) Civil Case No. 05-429 (RJL)
)
BARACK H. OBAMA, et al., )
)
Respondents. )
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MEMORANDUM ORDER
(August ...... , 2010) [#285]
On March 2,2005, a habeas petition was filed on behalf of Adel Al Hakeemy
("petitioner") by Shaker Aamer, acting as "next friend." Although two sets of counsel
have been appointed to represent petitioner since that time, petitioner has yet to consent
to proceeding with this action. Petitioner's prior counsel, Reprieve, made several
attempts to visit petitioner and obtain his consent, but were ultimately unable to do so.
On July 6,2009, counsel from Reprieve was ordered to withdraw from this case, and on
March 1,2010, the Office of the Federal Public Defender for the Northern District of
Ohio was appointed in their stead. Current counsel was granted, in total, 120 days to
show cause why the case should not proceed to a hearing on the merits or be dismissed
without prejudice. However, they too have been unsuccessful in obtaining petitioner's
consent to proceed. Petitioner's current counsel has attempted to visit petitioner at
Guantanamo Bay on three occasions, and each time petitioner declined to meet with
them.
Acknowledging that it would not be in the interests of justice to move forward
with a hearing on the merits at this juncture, petitioner's counsel nonetheless now seeks
an indefinite stay, even though the petitioner has shown no interest in challenging the
lawfulness of his detention. And, as the government points out, "[t]his case has
languished on the Court's docket, without any substantive activity, for fifteen months."
Accordingly, because the petitioner has failed to proffer any reason why this case should
continue indefinitely, the motion for a stay is DENIED and this case is dismissed without
prejudice. Should petitioner decide, at some point in the future, that he wishes to contest
his detention, he may file another petition at that time.
Accordingly, it is hereby
ORDERED that petitioner's Motion for a Stay [#285] is DENIED, and it is
further
ORDERED that the above-captioned case is DISMISSED without prejudice.
SO ORDERED.