writ of habeas corpus ahmed salau

8/10/2019 Writ of Habeas Corpus Ahmed Salau

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4035 College Ave., #365,Bluefield, VA 24605.11/25/2014.

Honorable Cassandra D. Staples,Deputy Clerk-In-Charge,

US District Court – SDWV,110 N. Heber Street,Room 119,Beckley, WV 25801.VIA FACSIMILE AND POSTAL MAIL

Dear Honorable Staples,RE: 5:2014 CV 24978

Greetings! With regards to the above matter, please accept the attached motion to amend petition for writ of habeas corpus and to expedite consideration and to file by facsimile, motion

to appoint habeas counsel and amended petition for a writ of habeas corpus for filing in yourusual manner.

Thanks kindly.

Kindest regards,

Ahmed Salau

Petitioner pro se

Dated: 11/25/14Ph: 5403151147Fax: 5403016034

CC: The Honorable United States District Judge Irene C. Berger – with EnclosureCC: The Honorable United States Magistrate Judge VanDervort – w/ Encl.CC: Michael Francis – Warden – w/Encl.



IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OFWEST VIRGINIA

BECKLEY, WV 25801THE HONORABLE IRENE C. BERGER

AHMED SALAU V. MICHAEL FRANCISCASE#: 5:2014 CV 24978

MOTION TO AMEND PETITION FOR WRIT OF HABEAS CORPUS AND TOEXPEDITE CONSIDERATION AND TO FILE BY FACSIMILE.

Comes now Petitioner pro se in the above styled matter and respectfully and duly movesthe Court to amend his Petition and to expedite consideration and to file by facsimile and statesas follows:

1. This action was filed initially to challenge the Petitioner’s pre -trial detention conditions;

2. The Petitioner has since had another §2241 cognizable claim mature before thisHonorable Court – the denial of his 6 th Amendment right to a speedy trial;

3. The denial of the Petitioner’s 6 th Amendment right to a speedy trial was not included inthe original Petition for a writ of Habeas Corpus because the State’s highest Court had notfinished her review;

4. The review by the State’s highest Court was concluded on 11/21/14 against thePetitioner. {See Exhibit 1: Rule refused in Writ of Prohibition per denial of speedy trial}

AND the Petitioner prays for an ORDER allowing the amendment of his Petitioner and toexpedite consideration and to file by facsimile and any and all such ORDERS as the Court deems proper.

Respectfully Submitted,

Ahmed Salau Petitioner pro se Dated 11/25/14

CERTIFICATE OF SERVICE

Petitioner pro se hereby certifies that on this 25 th day of November 2014, a true andcorrect copy of the foregoing was deposited for service prepaid postage addressed to:

Michael Francis, SRJ, Magistrate R. Clarke Vandervort, USDC -SDWV1200 Airport Road, Beaver, WV 25801 110 N. Heber Street, Beckley, WV 25801


Ahmed Salau Petitioner pro seDated 11/25/14




BECKLEY, WV 25801

THE HONORABLE IRENE C. BERGERAHMED SALAU V. MICHAEL FRANCISCASE#: 5:2014 CV 24978

MOTION FOR THE APPOINTMENT OF HABEAS CORPUS COUNSEL

Comes now Petitioner pro se and duly and respectfully moves the Honorable Court pursuant to 28 U.S.C. § 1915(d) to appoint him a Federal Habeas Corpus Counsel to prosecute theinstant matter and states in support that:

1. 28 U.S.C. § 1915(d) authorizes a District Court to appoint Counsel to represent an indigent pro se litigant;

2. The appointment of Counsel is favored in cases where an indigent Plaintiff presentsexceptional circumstances. See Cook v. Bounds, 518 F.2d 779 (4 Cir.1975) ;

3. The Petitioner is indigent {See Exhibit 2: WV DHHR SNAP Benefits Statement}

4. The Petitioner has been repeatedly denied a speedy trial which has caused prejudice to hisoverall defense;

5. The Petitioner is not a Habeas Counsel and unfamiliar with Habeas Corpus intricacies in asufficient enough form to be an effective self-advocate herein;

6. The State Authorities have continued to oppress the Petitioner using various tactics such asviolation of his 4 th Amendment right not to be prosecuted for a matter that lacks probablecause, and repeatedly violating his 6 th Amendment to speedy trial; &

7. The appointment of Habeas Counsel is within the sound discretion of this Honorable Courtand it will allow substantial Justice to be done.

AND the Petitioner prays for said ORDER appointing Habeas Counsel to prosecute this matter.



http://scholar.google.com/scholar_case?case=6898540983483310322&q=pretrial+habeas+corpus&hl=en&as_sdt=4,109,124






BECKLEY, WV 25801

THE HONORABLE IRENE C. BERGERAHMED SALAU V. MICHAEL FRANCISCASE#: 5:2014 CV 24978

AMENDED PETITION FOR A WRIT OF H AB EAS CORPUS UNDER 28 USC 2241

Comes now Petitioner pro se , Ahmed Salau and duly and respectfully moves the Court pursuant to 28 USC §2241 to ORDER his unconditional release from State Custody due to theviolations of his 4 th Amendment right not to be prosecuted for a matter that lacks probable causeand his 5 th and 6 th Amendment rights to speedy trial and states as follows:

1. Petitioner was arrested on 3/31/14 without any scintilla of evidence or investigation andwithout probable Cause in violation of the 4 th Amendment of the United States Constitution;2. Petitioner was arraigned on 4/1/14, during which he immediately moved for a speedytrial;3. Petitioner posted his bond on 4/12/14 but was not released for almost six(6) monthsduring which his apartment where a lot of evidence was kept was repossessed, and witnesseswho were local and available graduated and moved away from the area;4. The State for no apparent reason failed to present the matter to the June 2014 grand

jury while the Petitioner was missing out on a McNair Research Scholarship and two Departmentof Energy Internships while in jail;5. The State deliberately waited until witnesses favorable to the Petitioner had moved awayand evidence lost to present it to the October Grand Jury;6. The State denied multiple motions for speedy trial which the Petitioner is constitutionallyguaranteed;7. The Petitioner sought a writ of prohibition in t he State’s highest Court to challenge theunconstitutional denial of speedy trial as guaranteed by both the due process clause of the 5 th Amendment and the 6 th Amendment of the United States Constitution and a rule was refused;8. The Petitioner is in State custody in violation of the Laws of the United States; &

AND the Petitioner prays for this Honorable COURT to ORDER his unconditional release from

further prosecution by the State and any and all such ORDERS the COURT deems proper.





APPENDIX LIST

Exhibit 1 Rule Refused in Writ of Prohibition beforeWV Supreme Court of Appeals per Speedy Trial denial inCase # 14-0987

Exhibit 2 WV DHHR SNAP Benefits Statement forAhmed Salau Account # 5020324655

writ of habeas corpus ahmed salau

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