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 your
usual manner.
Thanks kindly.

Kindest regards,

Ahmed Salau
Petitioner pro se
Dated: 11/25/14
Ph: 5403151147
Fax: 5403016034

CC:
CC:
CC:

The Honorable United States District Judge Irene C. Berger with Enclosure
The Honorable United States Magistrate Judge VanDervort w/ Encl.
Michael Francis Warden w/Encl.

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF

WEST VIRGINIA
BECKLEY, WV 25801
THE HONORABLE IRENE C. BERGER
AHMED SALAU V. MICHAEL FRANCIS
CASE#: 5:2014 CV 24978
MOTION TO AMEND PETITION FOR WRIT OF HABEAS CORPUS AND TO
EXPEDITE CONSIDERATION AND TO FILE BY FACSIMILE.
Comes now Petitioner pro se in the above styled matter and respectfully and duly moves
the Court to amend his Petition and to expedite consideration and to file by facsimile and states
as follows:
1.

This action was filed initially to challenge the Petitioners pre-trial detention conditions;

2.
The Petitioner has since had another 2241 cognizable claim mature before this
Honorable Court the denial of his 6th Amendment right to a speedy trial;
3.
The denial of the Petitioners 6th Amendment right to a speedy trial was not included in
the original Petition for a writ of Habeas Corpus because the States highest Court had not
finished her review;
4.
The review by the States highest Court was concluded on 11/21/14 against the
Petitioner. {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 to
expedite 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 25th day of November 2014, a true and
correct copy of the foregoing was deposited for service prepaid postage addressed to:
Michael Francis, SRJ,
1200 Airport Road, Beaver, WV 25801
Respectfully Submitted,
Ahmed Salau Petitioner pro se
Dated 11/25/14

Magistrate R. Clarke Vandervort, USDC -SDWV

110 N. Heber Street, Beckley, WV 25801

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF

WEST VIRGINIA
BECKLEY, WV 25801
THE HONORABLE IRENE C. BERGER
AHMED SALAU V. MICHAEL FRANCIS
CASE#: 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 the
instant 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 presents
exceptional 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 his
overall defense;
5. The Petitioner is not a Habeas Counsel and unfamiliar with Habeas Corpus intricacies in a
sufficient enough form to be an effective self-advocate herein;
6. The State Authorities have continued to oppress the Petitioner using various tactics such as
violation of his 4th Amendment right not to be prosecuted for a matter that lacks probable
cause, and repeatedly violating his 6th Amendment to speedy trial; &
7. The appointment of Habeas Counsel is within the sound discretion of this Honorable Court
and it will allow substantial Justice to be done.

AND the Petitioner prays for said ORDER appointing Habeas Counsel to prosecute this matter.
Respectfully Submitted,
Ahmed Salau Petitioner pro se
Dated 11/25/14

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF

WEST VIRGINIA
BECKLEY, WV 25801
THE HONORABLE IRENE C. BERGER
AHMED SALAU V. MICHAEL FRANCIS
CASE#: 5:2014 CV 24978
AMENDED PETITION FOR A WRIT OF HABEAS 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 the
violations of his 4th Amendment right not to be prosecuted for a matter that lacks probable cause
and his 5th and 6th Amendment rights to speedy trial and states as follows:
1.
Petitioner was arrested on 3/31/14 without any scintilla of evidence or investigation and
without probable Cause in violation of the 4th Amendment of the United States Constitution;
2.
Petitioner was arraigned on 4/1/14, during which he immediately moved for a speedy
trial;
3.
Petitioner posted his bond on 4/12/14 but was not released for almost six(6) months
during which his apartment where a lot of evidence was kept was repossessed, and witnesses
who 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 Department
of Energy Internships while in jail;
5.
The State deliberately waited until witnesses favorable to the Petitioner had moved away
and evidence lost to present it to the October Grand Jury;
6.
The State denied multiple motions for speedy trial which the Petitioner is constitutionally
guaranteed;
7.
The Petitioner sought a writ of prohibition in the States highest Court to challenge the
unconstitutional denial of speedy trial as guaranteed by both the due process clause of the 5 th
Amendment and the 6th 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.
Respectfully Submitted,
Ahmed Salau Petitioner pro se
Dated 11/25/14

APPENDIX LIST
Exhibit 1 Rule Refused in Writ of Prohibition before
WV Supreme Court of Appeals per Speedy Trial denial in
Case # 14-0987
Exhibit 2 WV DHHR SNAP Benefits Statement for
Ahmed Salau Account # 5020324655