Al-Owhali v. Holder, Jr., No. 11-1274 (10th Cir. 2012)
Annotate this CasePetitioner Mohamed Rashed Al-Owhali, an inmate in a federal high-security prison, brought suit challenging several Special Administrative Measures (“SAMs”) imposed upon him. The district court dismissed the suit, finding that Petitioner failed to allege plausible facts to support his claims. Petitioner was convicted of several terrorism-related offenses stemming from the 1998 bombing of the United States embassy in Nairobi, Kenya. He was serving a life sentence without the possibility of parole. In 2009, Petitioner filed his second amended complaint in federal district court, alleging that these SAM restrictions and others violated his constitutional rights. Petitioner then filed a motion to reconsider and a motion to file a third amended complaint, both of which were denied. He then appealed. On the eve of oral argument, Petitioner conceded most of the arguments he had briefed. In light of concessions Petitioner made before argument, the Tenth Circuit affirmed the district court's dismissal.
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