UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ____________________________________ ) MAKHTAR YAHIA NAJI ) AL WARAFI (ISN 117), ) ) Petitioner, ) ) v. ) Civil Action No. 04-1254 (RCL) ) BARACK OBAMA, ) President of the United States, et al., ) ) Respondents. ) ____________________________________)

ORDER

Upon consideration of petitioner’s Emergency Motion [706] to Strike, the applicable law,

and the entire record herein, it is hereby

ORDERED that the motion is DENIED. Petitioner will not suffer prejudice because this

matter is not before a jury, and the Court will not consider or rely on respondents’ proposed

amendments to petitioner’s factual return.

SO ORDERED.

Signed by Royce C. Lamberth, Chief Judge, on December 14, 2009.