AL-SHIBH v. GATES, 07-1399 (D.C. Cir. 4-24-2009)


Ramzi Bin Al-Shibh, Petitioner v. Robert M. Gates, U.S. Secretary of Defense, Respondent.

No. 07-1399.United States Court of Appeals, District of Columbia Circuit.
Filed On: April 24, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

BEFORE: Henderson, Brown, and Griffith, Circuit Judges.

Per Curiam

ORDER
Upon consideration of the motion to dismiss, to which no response has been filed, and the motion for preservation of torture evidence and the opposition thereto, it is

ORDERED that this petition be dismissed without prejudice for lack of subject matter jurisdiction. See Bismullah v. Gates, 551 F.3d 1068 (D.C. Cir. 2009). It is

FURTHER ORDERED that the motion for preservation of torture evidence will be terminated unless petitioner, within 30 days of the date of this order, moves the court to transfer the motion to petitioner’s habeas corpus action pending before the district court. This court’s interim order filed January 17, 2008, will remain in effect for 30 days from the date of this order. If petitioner files, within those 30 days, a motion to transfer, then the interim order will remain in effect pending resolution of the transfer motion.

The Clerk is directed to note on the docket that all remaining matters pending in this case are terminated.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41.

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