Dhiab v. Bush

Opinion

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;

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

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