Lowe v. Cauley

Lowe v. Cauley

Petitioner:	Donald Lowe
Respondent:	E. K. Cauley
Case Number:	2:2009cv01016
Filed:	September 21, 2009
Court:	US District Court for the Southern District of West Virginia
Office:	Charleston Office
County:	XX US, Outside State
Presiding Judge:	Joseph R. Goodwin
Presiding Judge:	Mary E. Stanley
Nature of Suit:	None
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federal)
Jury Demanded By:	None

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Date Filed	Document Text
September 21, 2009	Filing 16 MEMORANDUM OPINION & ORDER, 1) Respondent's motion 12 to seal attachments 3 and 4 which are attached to DE 11 is GRANTED; 2) Clerk of the Court shall TRANSFER petitioner Lowe's 28 USC 2241 habeas proceeing herein including DE 11 seal ed exhibits 3 and 4 which are stored in the Office of the Clerk of this Court, Ashland Division, to the USDC/SDWV; 3) the transfer of the instant action is WITHOUT PREJUDICE to Lowe's reinstating his habeas corpus petition here or in whatever is the current district of confinement if the court of his conviction should deny him relief on jurisdictional grounds; Case Transfer to District of SD/WV (Note: Sealed documents exhibit 3 and 4 will be mailed via U.S. Mail to the SD/WV). Signed by Judge Henry R. Wilhoit, Jr on 9/18/09.(SMT)cc: COR [Transferred from Kentucky Eastern on 9/21/2009.]
July 1, 2009	Filing 5 MEMORANDUM OPINION & ORDER 1) Clerk serve by cert mail a copy of petition and this order upon Respondent Warden E.K. Cauley, Atty Gen for US and USAtty for EDKY; 2) resp answer or defend w/in 30 days of entry of this order; resp also file w/answer al l relevant documentary evidence which bears upon allegations contained in petition 3) upon entry of a resp or exp of said period of time clerk notify PSLC 4) pet keep clerk informed of mailing address; failure may result in dismissal 5) for every fur ther pldg or document he wishes to submit pet shall serve upon resp or if appearance has been entered by counsel upon the attorney a copy of pldg or other document; pet shall send original papers to clerk w/certificate of service stating date a true and correct copy was mailed to respondent; if Judge or Mag. Judge receives any document which has not been filed w/clerk or which has been filed but fails to include the certificate of service the document will be disregarded by court. Signed by Judge Henry R. Wilhoit, Jr on 7/1/09.(SMT)cc: COR, Warden, USAtty Gen, USAtty by cert. mail w/petition [Transferred from Kentucky Eastern on 9/21/2009.]

Date Filed

Document Text

September 21, 2009

Filing 16 MEMORANDUM OPINION & ORDER, 1) Respondent's motion 12 to seal attachments 3 and 4 which are attached to DE 11 is GRANTED; 2) Clerk of the Court shall TRANSFER petitioner Lowe's 28 USC 2241 habeas proceeing herein including DE 11 seal ed exhibits 3 and 4 which are stored in the Office of the Clerk of this Court, Ashland Division, to the USDC/SDWV; 3) the transfer of the instant action is WITHOUT PREJUDICE to Lowe's reinstating his habeas corpus petition here or in whatever is the current district of confinement if the court of his conviction should deny him relief on jurisdictional grounds; Case Transfer to District of SD/WV (Note: Sealed documents exhibit 3 and 4 will be mailed via U.S. Mail to the SD/WV). Signed by Judge Henry R. Wilhoit, Jr on 9/18/09.(SMT)cc: COR [Transferred from Kentucky Eastern on 9/21/2009.]

July 1, 2009

Filing 5 MEMORANDUM OPINION & ORDER 1) Clerk serve by cert mail a copy of petition and this order upon Respondent Warden E.K. Cauley, Atty Gen for US and USAtty for EDKY; 2) resp answer or defend w/in 30 days of entry of this order; resp also file w/answer al l relevant documentary evidence which bears upon allegations contained in petition 3) upon entry of a resp or exp of said period of time clerk notify PSLC 4) pet keep clerk informed of mailing address; failure may result in dismissal 5) for every fur ther pldg or document he wishes to submit pet shall serve upon resp or if appearance has been entered by counsel upon the attorney a copy of pldg or other document; pet shall send original papers to clerk w/certificate of service stating date a true and correct copy was mailed to respondent; if Judge or Mag. Judge receives any document which has not been filed w/clerk or which has been filed but fails to include the certificate of service the document will be disregarded by court. Signed by Judge Henry R. Wilhoit, Jr on 7/1/09.(SMT)cc: COR, Warden, USAtty Gen, USAtty by cert. mail w/petition [Transferred from Kentucky Eastern on 9/21/2009.]

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Petitioner: Donald Lowe
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Respondent: E. K. Cauley
Represented By:	Anna R. Gwinn
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