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Ali v. Obama

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA


May 13, 2009

ABDUL RAZAK ALI (ISN 685), PETITIONER,
v.
BARACK H. OBAMA, PRESIDENT OF THE UNITED STATES, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Royce C. Lamberth, Chief Judge

ORDER

Before the Court is respondents' Motion [1152] for Leave to Amend the Factual Return for petitioner (filed April 20, 2009). Petitioner opposed the Motion on several grounds, none of which the Court finds convincing. Petitioner questions the persuasiveness of the inculpatory material respondents seek to add to the Factual Return, but the Court's liberal stance toward amendments in this stage of a habeas proceeding does not consider the persuasiveness of respondents' factual return. Petitioner complains that amending the factual return at this time will postpone consideration of petitioner's Motion for Expedited Judgment (filed January 16, 2009). However, Judge Walton's Supplemental Case Management Order (issued February 19, 2009) clearly indicated that motions for expedited judgment will not be considered until the Court has determined the scope of respondents' detention authority. This Court has not yet made that determination,*fn1 so petitioner would not be prejudiced by respondents' amendment.

Because petitioner has failed to provide valid reason why the liberal stance toward amendments should not apply in this situation, it is hereby

ORDERED that respondents' Motion [1152] for Leave to Amend the Factual Return for petitioner is GRANTED.

SO ORDERED.


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