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PADILLA v. HANFT

No. Civ.A. 2:04-2221-26A.

389 F.Supp.2d 678 (2005)

Jose PADILLA, Petitioner, v. Commander C.T. HANFT, USN Commander, Consolidated Naval Brig, Respondent.

United States District Court, D. South Carolina, Charleston Division.

February 28, 2005.

Attorney(s) appearing for the Case

Michael P. O'Connell, Stirling O'Connell and Pennington, Ann Briks Walsh, Federal Public Defender's Office, Charleston, SC, Donna R. Newman, Andrew G. Patel, Andrew G. Patel Law Office, New York, NY, Jennifer S. Martinez, Stanford, CA, Jonathan Marc Freiman, Wiggin and Dana, New Haven, CT, for Plaintiff.

Jose Padilla, Charleston, SC, pro se.

J. Strom Thurmond, Jr., US Attorneys Office, Columbia, SC, Miller W. Shealy, Jr., US Attorneys Office U.S. Department of Justice, Charleston, SC, for Respondent.

MEMORANDUM OPINION AND ORDER

FLOYD, District Judge.

I. INTRODUCTION

This is a 28 U.S.C. § 2241 habeas corpus action. The Court has jurisdiction over the matter pursuant to 28 U.S.C. § 1331. Pending before the Court is Petitioner's Motion for Summary Judgment as to Counts One and Two.1 The sole question before the Court today is whether the President of the United States (President) is authorized...

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