mewmwMermw-ww AreCase Document 1 Filed 11/02/17 Page 1 of 8

A0 242 (Rev. 09/17) Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241 I I 

UNITED STATES DISTRICT COURT
for the NOV ?2 2W

District of Columbia Clerk, us. District 3. Bankruptcy
Courts for the District of Columbia

 

 

Assign. Date 1112/2017

Colonel Vance Spath, United States Air Force, and Description: Habeas Corpus

James Mattis, Secretary of Defense

Brigadier General John G. Baker, United States Marine 
Corps i
Petitioner i Case: 1 

Assigned To Lamberth, Royce C.





 

Respondent
name ofwarden or authorized person havmg custody ofpetitioner)

PETITION FOR A WRIT OF HABEAS CORPUS UNDER 28 U.S.C. 2241

Personal Information

 

 

1. Your full name: John G. Baker
Other names you have used:
2. Place of con?nement:
Name ofinstitution: Naval Station Guantanamo Bay

 

Address: JTF 

APO, AE 09522-9998
Your identi?cation number:

 

 

 

3. Are you currently being held on orders by:
5 Federal authorities l3 State authorities Other - explain:
4. Are you currently:

CIA pretrial detainee (waiting for trial on criminal charges)
Serving a sentence (incarceration, parole, probation, etc.) after having been convicted of a crime

If you are currently serving a sentence, provide:
Name and location of court that sentenced you:

 

 

Docket number of criminal case:

 

Date ofsentencing:

 

Cl Being held on an immigration charge
2! Other (exp/am); Ordered confined as the result of contempt proceedings related to the military commission

case of Al Nashlri, which is related to No. 08?Civ-1207 (RCL), currently pending before Judge Lamberth

 

 

Decision or Action You Are Challenging

5. What are you challenging in this petition:
DHow your sentence is being carried out, calculated, or credited by prison or parole authorities (for example,

revocation or calculation of good time credits)

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.e WarsawCase Document 1 Filed 11/02/17 Page 2 of 8

A0 242 (Rev. 091'] 7) Petition for a Writ of Habeas Corpus Under 28 U.S.C. 224}

 

Cl Pretrial detention

detention

[j Detainer

validity of your conviction or sentence as imposed (for example, sentence beyond the statutory
maximum or improperly calculated under the sentencing guidelines)

CI Disciplinary proceedings

Homer (explain): The validity of an order of detention pursuant to a summary finding of contempt.

 

 

 

6. Prbidde more information about the decision or action you are challenging:
Name and location of the agency or court: Military commission, Guantanamo Bay Navai Base, Cuba

 

Docket number, case number, or opinion number:

 

(C) Decision 01? action you are challenging ifor disapimary proceedings, specgf?y the penalties imposed):

 

 

Date of the decision or action: 

 

Your Earlier Challenges of the Decision or Action

7. First appeal
Did you appeal the decision, ?le a grievance, or seek an administrative remedy?
ClYes UNO
If ?Yes,? provide:
(1) Name of the authority, agency, or court:

 

?Date of ?ling?

(3) Docket number, case number, or opinion number: 
(4) Result:

(5) Date of result:

(6) Issues raised:

 

 

 

 

 

If you answered explain why you did not appeal: Miligly_93mmi53ions do 
provide for any judicial review.

 

8. s?cdiid appeal A 
After the ?rst appeal, did you file a second appeal to a higher authority, agency, or court?
DYes No

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Case Document 1 Filed 11/02/17 Page 3 of 8

A0 242 (Rev. 09?17) Petition for a Writ of Habeas Corpus Under 28 US C. 224]

 

If ?Yes,? provide:
(1) Name of the authority, agency, or court:

 

 

(2) Date of ?ling:

 

(3) Docket number, case number, or opinion number:

 

(4) Result:

 

(5) Date of result:

 

(6) Issues raised:

 

 

 

 

 

 

 

If you answered explain why you did not file a second appeal:

 

 

 

9. Third appeal
After the second appeal, did you ?le a third appeal to a higher authority, agency, or court?
[3 Yes CI No

If ?Yes,? provide:
(1) Name of the authority, agency, or court:

 

 

(2) Date of ?ling:

(3) Docket number, case number, or opinion number:
(4) Result:

(5) Date of result:

(6) Issues raised:

 

 

 

 

 

 

 

 

 

 

 

If you answered explain why you did not ?le a third appeal:

 

 

 

10. Motion under 28 U.S.C. 2255

In this petition, are you challenging the validity of your conviction or sentence as imposed?

MYes No

If?Yes,? answer the following:

Have you already ?led a motion under 28 U.S.C. 2255 that challenged this conviction or sentence?
Yes 

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Case Document 1 Filed 11/02/17 Page 4 of 8

A0 242 (Rev. 09/17) Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241

 

If ?Yes,? provide:
(1) Name of court:

 

(2) Case number:
(3) Date of?ling:
(4) Result:

(5) Date ofresult:
(6) Issues raised:

 

 

 

 

 

 

 

 

 

 

Have you ever ?led a motion in a United States Court of Appeals under 28 U.S.C. 2244(b)(3)(A),
seeking permission to ?le a second or successive Section 2255 motion to challenge this conviction or
sentence?

Yes EI No
If?Yes,? provide:

I) Name of court:

(2) Case number:

(3) Date of ?ling:

(4) Result:

(5) Date of result:

(6) Issues raised:

 

 

 

 

 

 

 

 

 

 

 

Explain Why the remedy under 28 U.S.C. 2255 is inadequate or ineffective to challenge your
conviction or sentence: Because the confinement at issue is not the result of a final judgment, this
petition is appropriately brought under section 2241.

 

 

 

 

 

 

 

Appeals of immigration proceedings
Does this case concern immigration proceedings?
DYes 
If ?Yes,? provide:
Date you were taken into immigration custody:

 

Date of the removal or reinstatement order:

 

(C) Did you ?le an appeal with the Board of Immigration Appeals?
Yes No

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 Case Document 1 Filed 11/02/17 Page 5 of 8

A0 242 (Rev. 09/17) Petition for a Writ of Habeas Corpus Under 28 S.C. 224]

 

If ?Yes,? provide:
(1) Date of?ling:
(2) Case number:
(3) Result:

(4) Date of result:
(5) Issues raised:

 

 

 

 

 

 

 

 

 

 

Did you appeal the decision to the United States Court of Appeals?
El Yes El No
If ?Yes,? provide:
(1) Name of court:
(2) Date of ?ling:
(3) Case number:
(4) Result:
(5) Date of result:
(6) Issues raised:

 

 

 

 

 

 

 

 

 

 

 

12. Other appeals
Other than the appeals you listed above, have you filed any other petition, application, or motion about the issues
raised in this petition?
Cl Yes El No
If?Yes,? provide:
Kind ofpetition, motion, or application:

 

Name of the authority, agency, or court:

 

 

Date of ?ling:

Docket number, case number, or opinion number:
(6) Result:

Date of result:

Issues raised:

 

 

 

 

 

 

 

 

 

 

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Case Document 1 Filed 11/02/17 Page 6 of 8

A0 242 (Rev. 09/17) Petition for 3 Writ of Habeas Corpus Under 28 C. 2241

 

Grounds for Your Challenge in This Petition

13. State every ground (reason) that supports your claim that you are being held in violation of the Constitution,
laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the
facts supporting each ground. Any legal arguments must be submitted in a separate memorandum.

GROUND ONE: The supporting factual and legal basis is set forth in the accompanying memorandum.

 

None of the grounds for relief have been presented previously as this is the first opportunity forjudicral
review.

 

 

 

Supporting facts (Be brief. Do not are cases or law):

 

 

 

 

 

Did you present Ground One in all appeals that were available to you?
El Yes 

GROUND TWO:

 

 

 

 

Supporting facts (Be brief. Do not cite cases or law 

 

 

 

 

 

Did you present Ground Two in all appeals that were available to you?
Yes Cl No

GROUND THREE:

 

 

 

 

Supporting facts (Be brief Do not are cases or law):

 

 

 

 

 

Did you present Ground Three in all appeals that were available to you?
Yes i3 No

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Case Document 1 Filed 11/02/17 Page 7 of 8

A0 242 (Rev 09/17) Petit1on for a of Habeas Corpus Under 28 S.C. 224!

GROUND FOUR:

 

 

 

 

Supporting facts (Be brief. Do not cite cases or law )t

 

 

 

 

 

 

Did you present Ground Four in all appeals that were available to you?

CI Yes No
14. If there are any grounds that you did not present in all appeals that were available to you, explain why you did
not:

 

 

 

 

Request for Relief

15. State exactly what you want the court to do: order the petitioner's immediate release

 

 

 

 

 

Page 8 of 9

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Case Document 1 Filed 11/02/17 Page 8 of 8

 

A0 242 (Rev. 09/17) Petition for a Writ of Habeas Corpus Under 28 C. 2241

 

Declaration Under Penalty 01" Perjury

If you are incarcerated, on what date did you place this petition in the prison mail system:

 

I declare under penalty of perjury that I am the petitioner, have read this petition or had it read to me, and the
information in this petition is true and correct. I understand that a false statement of a material fact may serve as the basis
for prosecution for perjury.

Date: 

 

Signature OfPemioner

   

 

Signature Attorney or other authorized person. if any

Page 9 of 9

.1544 (Rev. 6/17 DC)

CIVIL COVER SHEET

Case Document 1-1 Filed 11/02/17 Page 1 of 2

 

l. PLAINTIFFS
Brigadier General John G. Baker

COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF

(EXCEPT IN US. PLAINTIFF CASES)

DEFENDANTS

 

ATTORNEYS (FIRM NAME. ADDRESS, AND TELEPHONE NUMBER)
Barry J. Pollack, Addy R. Schmitt

Miller Chevalier Chartered; 900 16th Street, 
Washington, DC 20006; 202?626-5800

 

 

Plaintiff

Defendant

II. BASIS OF JURISDICTION
(PLACE AN IN ONE Box ONLY)

I Government

0 2 Government

(a 3 Federal Question
(U Government Not a Party)

0 4 Diversity
(Indicate Citizenship of

Parties in item 111)

 

Citizen of this State

Citizen of Another State

Citizen or Subject ol'a
Foreign Country

PTF

Colonel Vance Spath, James Mattis

COUNTY OF RESIDENCE OF FIRST LISTED DEFENDANT
(IN US. PLAINTIFF CASES ONLY)

Case: 

Assigned To Lamberth, Royce C.
Assign. Date: 11/2/2017
Description: Habeas Corpus

ClTILmVonir ur rant ?so AN 1N UNI: ?ux 
PLAINTIFF AND ONE BOX FOR DEFENDANT) FOR DIVERSITY CASES 

Incorporated or Place
of Busmess in This State

Incorporated and Place 0 5
of Busmess in Another State

Foreign Nation

PTF

04

FT


05

06 06

 

 

IV. CASE ASSIGNMENT AND NATURE OF SUIT

 

(Place an in one category, A-N, that best represents your Cause of Action and one in a corresponding Nature of 8m

 

0 A. Antitrust

410 Antitrust

B. Personal Injury/
Malpractice

[j 310 Airplane

315 Airplane Product Liability
320 Assault, Libel Slander
330 Federal Employers Liability
340 Marine

345 Marine Product Liability
350 Motor Vehicle

355 Motor Vehicle Product Liability
360 Other Personal Injury

362 Medical Malpractice

El 365 Product Liability

Cl 367 Health Care/Pharmaceutical

368 Asbestos Product Liability

 

Personal Injury Product Liability

 

C. Administrative Agency
Review

I: 15] Medicare Act

86] HIA (1395a)

862 Black Lung (923)

863 (405(g))

864 Title XVI

865 (405(g))

Other Statutes

891 Agricultural Acts

893 Environmental Matters

890 Other Statutory Actions (If
Administrative Agency is
Involved)

 

D. Temporary Restraining
Order/Preliminary
Injunction

Any nature ofsuit from any category
may be selected for this category of
case assignment.

*(If Antitrust, then A governs)*

 

E. General Civil (Other)

OR

0 F. Pro Se General Civil

 

 

Real Pro er
i210 Land Condemnation

220 Foreclosure

I: 230 Rent, Lease Ejectmenl
El 240 Torts to Land

245 Tort Product Liability
290 All Other Real Property

Personal Property
[:1370 Other Fraud

[:1371 Truth in Lending

E380 Other Personal Property
Damage

[3385 Property Damage
Product Liability

Bankruptcy

Prisoner Petitions
535 Death Penalty

I:l 550 Civil Rights
El 555 Prison Conditions

of Con?nement
Pro ert Ri 
I i820 Copyrights
I: 830 Patent

Drug Application
[3 840 Trademark

 

422 Appeal 27 USC l58
423 Withdrawal 28 usc 157

540 Mandamus Other

560 Civil Detainee Conditions

El 835 Patent Abbreviated New

Federal Tax Suits

870 Taxes (US plaintiffor
defendant)

871 IRS-Third Party 26 USC
7609

Forfeiture/Penalty
El 625 Drug Related Seizure of

Property 21 USC 88]
690 Other

Other Statutes

375 False Claims Act

376 Qui Tam (31 USC
3729(a))

I: 400 State Reapportionment

430 Banks Banking

450 Commerce/ICC
Rates/etc.

460 Deportation

 

 

E: 462 Naturalization
Application

465 Other Immigration
Actions

470 Racketeer In?uenced
Corrupt Organization

480 Consumer Credit

490 Cable/Satellite TV

850 Securities/Commodities/
Exchange

896 Arbitration

I: 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision

950 Constitutionality of State
Statutes

890 Other Statutory Actions
(if not administrative agency
review or Privacy Act) 



 

 

Case Document 1-1 Filed 11/02/17 Page 2 of 2

 

G. Habeas Corpus/
2255

530 Habeas Corpus General

510 Motion/Vacate Sentence

463 Habens Corpus Alien
Detainee

H. Employment
Discrimination

I: 442 Civil Rights Employment
(criteria: race. gender/sex.
national origin,
discrimination, disability. age,
religion, retaliation)

*(If pro se, select this deck)*

0 I. FOIA/Privacy Act

895 Freedom of Information Act
I: 890 Other Statutory Actions
(if Privacy Act)

*(prro se. select this deck)*

0 J. Student Loan

[3152 Recovery of Defaulted
Student Loan
(excluding veterans)

 

K. 
(n art-employment)

710 Fair Labor Standards Act
1: 720 Labor/Mgmt. Relations
740 Labor Railway Act
751 Family and Medical

Leave Act
790 Other Labor Litigation
791 Empl. Rel. Inc. Security Act

 

L. Other Civil Rights
(non-employment)

[3441 Voting (if not Voting Rights
Act)

443 Housing/Accommodations

[j 440 Other Civil Rights

[3 445 Americans vii/Disabilities 1
Employment

I: 446 Americans w/Disabilities 
Other

448 Education

 

M. Contract

110 Insurance

E: 120 Marine

[:1130 Miller Act

140 Negotiable Instrument

El 150 Recovery of Overpayment
Enforcement of
Judgment

El 153 Recovery of Overpayment
of Veteran's Bene?ts

:3 160 Stockholder?s Suits

190 Other Contracts

195 Contract Product Liability

E3196 Franchise

 

N. Three-Judge
Court

441 Civil Rights Voting
(if Voting Rights Act)

 

V. ORIGIN
G) 1 Original 0 2 Removed
Proceeding from State
Court

0 3 Remanded
from Appellate
Court

or Reopened

4 Reinstated 5 Transferred
from another
district (Specify)

Multi-district 0 7 Appeal to

8 Multi-district

Litigation District Judge Litigation 
from Mag. Direct File
Judge

 

23 05(- 2J4)

Ted-Hie? ?49*

VI. CAUSE OF ACTION (CITE THE US. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE.)

Hike? Mie?

 

VII. REQUESTED IN
COMPLAINT

CHECK IF THIS IS A CLASS
ACTION UNDER 23

DEMAND 
JURY DEMAND:

YES

Check YES only lfdemanded in complaint

NO

 

RELATED 
IF ANY

(See instruction)

YES [El

NOE

Ifyes, please complete related case form

 

one: 1112/2017

 

 

 

SIGNATURE OF ATTORNEY OF RECORD

 

 

INSTRUCTIONS FOR COMPLETING CIVIL COVER SHEET JS-44

Authority for Civil Cover Sheet

The 18-44 cm] cover sheet and the information contained herein neither replaces nor supplements the filings and serViccs of pleadings or other papers as requned
by law, except as prov1ded by local rules of court This form, approved by the JudiCial Conference of the United States in September 1974, is requ1red for the use of the
Clerk of Court for the purpose ofinitiating the docket sheet Consequently a eiVil cover sheet 13 submitted to the Clerk of Court for each CIVII complaint filed
Listed below are tips for completing the own cover sheet These tips commde With the Roman Numerals on the cover sheet

I. COUNTY OF RESIDENCE OF FIRST LISTED County of rCSIdence Use 100] to indicate plaintiff lfreSIdent
DC, 88888 if plaintiff is reSIdent ofUnited States but not Washington, DC, and 99999 if plaintiff is outSIde the United States

OF PRINCIPAL PARTIES This section is completed only ifdiverSity ofcnizeriship was selected as the 821315 ofJurisdiction

under Section 11

IV. CASE ASSIGNMENT AND NATURE OF SUIT The as5lgnment ot?ajudge to your case w1 l depend on the category you select that best
represents the primary cause of action found in your complaint You may select only one category You must also select o_ne corresponding
nature of sun found under the category of the case

VI. CAUSE OF ACTION Cite the CiVil Statute under which you are filing and write a briefstatemeiit ofthe primary cause


the Clerk?s Of?ce

RELATED IF ANY lfyou indicated that there is a related case. you must complete a related case form, which may be obtained from

Because ot?the need for accurate and complete information, you should ensure the accuracy of the information provided prior to Signing the form