US Court of Appeals for the Fourth Circuit 
Case Summary 

 Court of Appeals Docket #: 02-7338                           Filed: 9/12/02
 Nsuit:    0
 Rumsfeld, et al v. Hamdi, et al
 Appeal from: Eastern District of Virginia at Norfolk

 Lower court information:
      District: 0422-2 : CA-02-439-2
      Presiding Judge: Robert G. Doumar, Senior District Judge


8/6/04           Published COURT ORDER filed [4029850] remanding case to the
                 Eastern District of Virginia for further proceedings
                 consistent the Supreme Court's decision. [4029850-1]. Copies
                 to all parties. ~ [4029850] [02-7338] (ldj)

8/6/04           Judgment order filed. Decision: remanded. EOD Date: 8/6/04.
                 [02-7338] ~ [4029854] (ldj)

8/17/04          Certified record on appeal returned from the United States
                 Supreme Court.  Copy 4CCA Case File: Vol. 1).   [02-7338]
                 (dhb)

8/27/04          Emergency motion filed by Appellant W. R. Paulette,
                 Appellant Donald Rumsfeld for stay pending issuance of the
                 mandate. [4041896-1]. (ldj)

8/27/04          Response/answer requested to emergency motion for stay
                 pending issuance of the mandate. [4041896-1]
                 Response/answer due 8/30/04 at 8:30 a.m. for Yaser Esam
                 Hamdi, for Esam Fouad Hamdi. [02-7338] ~ [4041897] (ldj)

8/30/04          Response/answer filed [4041985-1] by Appellee Yaser Esam
                 Hamdi to emergency motion for stay pending issuance of the
                 mandate. [4041896-1] [02-7338] ~ [4041985] (ldj)

8/30/04          On August 6, 2004, this court issued an order remanding
                 this case to the U.S. District Court for the Eastern
                 District of Virginia for further proceedings consistent
                 with the Supreme Court's decision in Hamdi v. Rumsfeld, 124
                 S. Ct. 2633 (2004).  The mandate from that order has not
                 issued, and will not issue until September 27, 2004, under
                 the Federal Rules of Appellate Procedure.  See Fed. R. App.
                 P. 40(a)(1); 41(b). Until that mandate issues, the district
                 court is without jurisdiction to proceed in this matter.
                 See United States v. Montgomery, 262 F.3d 233, 239 (4th
                 Cir. 2001) ("A district court does not regain jurisdiction
                 until the issuance of the mandate by the clerk of the court
                 of appeals.")(quoting United States v. Rodgers, 101 F.3d
                 247, 251 (2d Cir. 1996)). Accordingly, all proceedings
                 before the district court are hereby stayed until the
                 mandate from this court issues in the normal course.
                 Entered at the direction of the panel composed of Chief
                 Judge Wilkins, Judge Wilkinson, and Judge Traxler.
                 [4042318] [4041896-1] Copies to all parties. ~ [4042318]
                 [02-7338] (ldj)
                 
{ CBG 2004.08.31 0914 }