Haji Bismullah a/k/a Haji Bismillah, and a/k/a Haji Besmella, v. Robert M. Gates, Secretary of Defense -- No. 06-1197 (2008-02-01)

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Haji Bismullah a/k/a Haji Bismillah, and a/k/a Haji Besmella, v. Robert M. Gates, Secretary of Defense -- No. 06-1197 (2008-02-01) (2008)
594747Haji Bismullah a/k/a Haji Bismillah, and a/k/a Haji Besmella, v. Robert M. Gates, Secretary of Defense -- No. 06-1197 (2008-02-01)2008

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Filed February 1, 2008

No. 06-1197

Haji Bismullah a/k/a Haji Bismillah, and a/k/a Haji Besmella,
Haji Mohammad Wali, Next Friend of Haji Bismullah,
Petitioners

v.

Robert M. Gates, Secretary of Defense,
Respondent

No. 06-1397

Huzaifa Parhat, et al.,
Petitioners

v.

Robert M. Gates, Secretary of Defense, et al.,
Respondents

No. 07-1508

Abdusabour,
Petitioner

v.
Robert M. Gates, U.S. Secretary of Defense, et al.,
Respondents

No. 07-1509

Abdusemet,
Petitioner

v.
Robert M. Gates, U.S. Secretary of Defense, et al.,
Respondents

No. 07-1510

Jalal Jalaldin,
Petitioner

v.
Robert M. Gates, U.S. Secretary of Defense, et al.,
Respondents

No. 07-1511

Khalid Ali,
Petitioner

v.
Robert M. Gates, U.S. Secretary of Defense, et al.,
Respondents

No. 07-1512

Sabir Osman,
Petitioner

v.
Robert M. Gates, U.S. Secretary of Defense*, et al., Respondents

No. 07-1523

Hammad,
Petitioner

v.
Robert M. Gates, Secretary of Defense and Wade F. Davis,
Colonel, USA,
Respondents

On Petition for Rehearing En Banc and Motions

BEFORE:
GINSBURG, Chief Judge, and SENTELLE,
HENDERSON, RANDOLPH, ROGERS, TATEL,
GARLAND, BROWN, GRIFFITH, and
KAVANAUGH, Circuit Judges

O R D E R

Respondents’ petition for rehearing en banc and the
response thereto were circulated to the full court, and a vote
was requested. Thereafter, a majority of the judges eligible to
participate did not vote in favor of the petition. Upon
consideration of the foregoing and the motion to expedite
review of the petition for rehearing en banc and any
subsequent proceedings; the motion for leave to file ex
parte/in camera top secret-SCI declarations for judges’ review
only and the joint opposition thereto; and the letters filed
pursuant to Federal Rule of Appellate Procedure 28(j), it is
ORDERED that the petition for rehearing en banc be
denied. It is
FURTHER ORDERED that the motion to expedite be
dismissed as moot. It is
FURTHER ORDERED that the motion for leave to file
ex parte/in camera top secret-SCI declarations for judges’
review only be granted.
Per Curiam
FOR THE COURT:
Mark J. Langer, Clerk
BY:
Deputy Clerk