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15-009 - Westine v. Roberts


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15-009 - Westine v. Roberts
June 3, 2015
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rney for the Eastern District of Kentucky. (5) For future reference, Westine is reminded that he must keep the Clerk of the Court informed of his current mailing address. Failure to notify the Clerk of any address change may result in dismissal. (6) Westine is also reminded that he must send a copy of every document he files to the Respondent or his attorney. The original document which Westine files with the Court must include his statement certifying that he has done so and the date the document was mailed to the Respondent. The Court will disregard any document filed without the required certification. (7) Westine must communicate with the Court solely through notices or motions filed with the Court, and should not send correspondence to this Judge's chambers. Signed by Judge Gregory F. VanTatenhove on 6/3/2015.(AKR)cc: paper copy to Westine via US Mail; Copy via Certified Mail to Billy Roberts, US Atty, US Atty General with 2241 petition and attachments (Additional attachment(s) added on 6/3/2015: # (1) Certified Mail Cards) (AKR). MEMORANDUM OPINION & ORDER: (1) Petitioner John G. Westine's first two claims (that the district court in Ohio lacked subject matter jurisdiction over his 1992 criminal case, and that district court in Ohio violated his Fifth Amendment right to due process of law by failing to advise him of his appeal rights in that criminal proceeding) are DISMISSED. (2) Within sixty (60) days of the date of entry of this Order, the Respondent must file a response of no more than ten (10) pages, excluding attachments, to Westine's § 2241 petition. (3) Westine's motion requesting this Court to "forthwith" issue a writ of habeas corpus [R. 10] is DENIED as MOOT. (4) The Clerk of the Court shall, by certified mail, send a copy of the petition [R. 1] and all attachments thereto, and this Order, to (a) Respondent, Billy Roberts, Jailer of the Franklin County Jail, in Frankfort, Kentucky, (b) the Attorney General for the United States, and (c) the United States Atto
May 11, 2016
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MEMORANDUM OPINION & ORDER: 1. Petitioner John G. Westine's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 [R. 1] is DENIED; 2. This action is DISMISSED and STRICKEN from the Court's docket; and 3. Judgment shall be entered contemporaneously with this Memorandum Opinion and Order. Signed by Judge Gregory F. VanTatenhove on 5/11/2016.(AKR)cc: COR, paper copy to petitioner via US Mail