Thursday, February 26, 2009

Civilian habeas petitioner dismisses his action

James Adolph, the civilian contractor who had been held in pretrial confinement in Kuwait, apparently with an eye toward trial by court-martial under Article 2(a)(10), voluntarily dismissed his habeas petition today. A copy of his voluntary dismissal is available here. It explains that Mr. Adolph was returned to the United States yesterday and concludes:

While Mr. Adolph received this relief only after having been unconstitutionally confined by military authorities for 55 days with no indictment or preferral of charges, without the bail hearing to which civilians are entitled under the United States Constitution, and only after having filed a petition for a writ of habeas corpus, the fact remains that Mr. Adolph has now obtained all the relief he sought in his Petition and Amended Petition. Accordingly, Mr. Adolph hereby dismisses his Amended Petition for Writ of Habeas Corpus without prejudice.

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