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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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