UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
______________________________
:
ABU WA’EL (JIHAD) DHIAB, :
:
Petitioner, :
:
v. : Civil Action No. 05-1457 (GK)
:
BARACK H. OBAMA, et al. :
:
:
Respondents. :
______________________________:
ORDER
On April 18, 2014, Petitioner Mohammed Abu Wa’el (Jihad)
Dhiab filed an Application for Preliminary Injunction and an
Immediate Order for Disclosure of Protocols Forthwith [Dkt. No.
203]. On May 2, 2014, the Court set a Motion Hearing on
Petitioner’s Application for Preliminary Injunction for May 21,
2014. That Motion became fully briefed on May 12, 2014.
On May 13, 2014, Petitioner filed an Emergency Motion For
Order Compelling Preservation of Evidence and Limited Discovery,
by May 18, 2014, of Medical Records and Videotapes of Force-
Feedings and Forcible Cell Extractions [Dkt. No. 217]. On May
15, 2014, the Government filed an Opposition to Petitioner’s
Emergency Motion [Dkt. No. 219], and on May 16, 2014, Petitioner
filed a Reply [Dkt. No. 220].
With the filing of Petitioner’s Emergency Motion, it has
become apparent that his Application for Preliminary Injunction,
despite being fully briefed, is simply not in a posture to be
heard at the May 21, 2014, hearing set by the Court.
Consequently, it is hereby
ORDERED, that the Motion Hearing set for May 21, 2014,
shall be converted to a Status Conference at which the
Government shall inform the Court when Petitioner’s medical
records from April 9, 2013, to May 13, 2014, can be produced;
and it is further
ORDERED, that the Government shall inform the Court at the
May 21, 2014, status conference when all videotapes of
Petitioner's Forcible Cell Extractions for purposes of enteral
feeding and all videotapes of Petitioner’s enteral feedings
between April 9, 2013, and February 19, 2014, can be produced;
and it is further
ORDERED, that Respondents shall preserve and maintain all
relevant videotapes of Petitioner's Forcible Cell Extractions
for purposes of enteral feeding and all videotapes of
Petitioner’s enteral feedings between April 9, 2013, and
February 19, 2014; and it is further
ORDERED, that Respondents are TEMPORARILY RESTRAINED from
any Forcible Cell Extractions of Petitioner for purposes of
–2–
enteral feeding and any enteral feeding of Petitioner until May
21, 2014.
/s/________________________
May 16, 2014 Gladys Kessler
United States District Judge
Copies to: attorneys on record via ECF
–3–