UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SHAWALI KHAN,
Petitioner,
v. Civil Action No. 08-1101 (JDB)
BARACK OBAMA, et al.,
Respondents.
ORDER
Currently before the Court is petitioner's classified January 25, 2010 motion to lift the
stay of his habeas proceedings. The Court once again commends petitioner's counsel for his
zealous efforts to ensure that his client receives the "prompt habeas corpus hearing" to which he
is entitled. Boumediene v. Bush, 128 S. Ct. 2229, 2275 (2008). The Court agrees with
petitioner's counsel that further delay in addressing petitioner's petition for habeas corpus is
unwarranted in light of present circumstances. Accordingly, pursuant to the status conference
held on February 18, 2010, and in consideration of the entire record herein, it is hereby
ORDERED that Petitioner's classified motion to lift the stay of his habeas proceedings is
GRANTED; and it is further ORDERED as follows:
1. Respondents shall provide the Court with a status report by not later than March
1, 2010. This status report shall be consistent with the instructions issued in the
Court's December 11, 2009 Sealed Order [Docket Entry 157], as well as with the
illumination provided by the Court during today's status conference.
2. Respondents shall complete all discovery related to petitioner, including discovery
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contemplated by the Court's October 29, 2009 Order [Docket Entry 147], by not
later than March 10, 2010.
3. Respondents may amend their factual return by not later than March 15, 2010.
4. Petitioner's traverse shall be due by not later than March 29, 2010.
5. A merits hearing on petitioner's habeas corpus petition is scheduled for May 13-
14, 2010, at 10:00 a.m. in Courtroom 8. Respondents shall file a pre-hearing
memorandum not exceeding forty-five (45) pages by not later than April 12, 2010.
Petitioner shall file a responsive memorandum not exceeding forty-five (45) pages
by not later than April 26, 2010. Respondents may file a reply memorandum not
exceeding twenty-five (25) pages by not later than May 3, 2010.
6. Petitioner's counsel shall notify the Court, by not later than April 26, 2010,
whether Petitioner (1) intends to testify at the merits hearing, (2) wishes to listen
to unclassified opening statements at the merits hearing, or (3) does not wish to
participate at the merits hearing.
7. A status conference is scheduled for April 28, 2010, at 2:00 p.m. in Courtroom 8.
SO ORDERED.
/s/
JOHN D. BATES
United States District Judge
Date: February 19, 2010
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