Moravetz v. United States of America
Plaintiff: Trish Ann Moravetz
Defendant: United States of America
Case Number: 4:2019cv04160
Filed: September 13, 2019
Court: US District Court for the District of South Dakota
Presiding Judge: Veronica L Duffy
Referring Judge: Karen E Schreier
Nature of Suit: Prisoner Petitions: Habeas Corpus - Motions to Vacate Sentence
Cause of Action: 28 U.S.C. § 2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 19, 2020 Filing 40 MANDATE from 8th Circuit COA Affirming the decision of the District Court as to #34 Notice of Appeal filed by Trish Ann Moravetz. (TAL)
August 25, 2020 Filing 39 JUDGMENT of USCA dismissing appeal as untimely as to #34 Notice of Appeal filed by Trish Ann Moravetz. (TAL)
August 20, 2020 Opinion or Order Filing 38 ORDER of USCA directing Clerk of the District Court to forward portions of the original record not available in an electronic format through PACER to USCA within 10 days re #34 Notice of Appeal filed by Trish Ann Moravetz.. (TAL)
August 20, 2020 Filing 37 USCA Case Number for #34 Notice of Appeal filed by Trish Ann Moravetz. USCA Case Number: 20-2746. (TAL)
August 20, 2020 Filing 36 Clerk's Record Transmittal Letter with enclosed PSR sent by Clerk's Office to Eighth Circuit Court of Appeals. (SKK)
August 19, 2020 Filing 35 TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re #34 Notice of Appeal. (SKK)
August 13, 2020 Filing 34 NOTICE OF APPEAL as to #33 Judgment, #32 Order on Motion to Dismiss, Order on Report and Recommendation by Trish Ann Moravetz. (Attachments: #1 Attachment, #2 Envelope from 8th Circuit). (SKK)
May 21, 2020 Filing 33 JUDGMENT in favor of United States of America against Trish Ann Moravetz. Signed by U.S. District Judge Karen E. Schreier on 5/21/20. (SKK)
May 21, 2020 Opinion or Order Filing 32 ORDER adopting #30 Report and Recommendation, andgranting #21 Motion to Dismiss. Certificate of Appealability is also denied. Signed by U.S. District Judge Karen E. Schreier on 5/21/20. (SKK)
April 30, 2020 Filing 31 NOTICE by United States of America of No Objection to Report & Recommendation. (Bengford, Stephanie)
April 16, 2020 Filing 30 SEALED REPORT AND RECOMMENDATIONS recommending granting in its entirety respondent's #21 MOTION to DISMISS . Objections to R&R due by 4/30/2020. Signed by US Magistrate Judge Veronica L. Duffy on 04/16/2020. (Duffy, Veronica) Modified on 4/16/2020 (SLW). Modified on 4/16/2020 mailed to warden and prisoner with standing order per restricted document procedure (SLT). Modified on 4/17/2020 delivered to AUSA via email (SLT).
March 4, 2020 Filing 29 REPLY to #22 Response to #1 Motion to Vacate/Set Aside/Correct Sentence (2255), and Memorandum in Support filed by Trish Ann Moravetz. (SKK)
January 27, 2020 Filing 28 TEXT ORDER granting #27 Motion to Extend. Movant may have until March 2, 2020, to file her response. Signed by US Magistrate Judge Veronica L. Duffy on 1/27/2020. (CG) Modified on 1/27/2020 delivered to Trish Ann Moravetz via usps(SLT).
January 27, 2020 Filing 27 MOTION FOR ENLARGEMENT OF TIME TO FILE A REPLY to #22 Response by Trish Ann Moravetz. (SKK)
January 10, 2020 Filing 26 SEALED MEMORANDUM in Support of #21 MOTION to DISMISS. (SLT)
January 10, 2020 Filing 25 SEALED MEMORANDUM in Support of #23 Motion to Seal. (SLT)
January 10, 2020 Opinion or Order Filing 24 ORDER granting respondent's #23 Motion to Seal Document. Signed by US Magistrate Judge Veronica L. Duffy on 01/10/2020. (Duffy, Veronica) Modified on 1/10/2020 delivereing to Trish Ann Moravetz via USPS (SLT).
January 9, 2020 Filing 23 MOTION to Seal Memorandum in Support of Motion to Dismiss and Memorandum in Support of Motion to Seal by United States of America. (Attachments: #1 Proposed Sealed Memorandum, #2 Proposed Sealed Memorandum) (SKK)
January 9, 2020 Filing 22 RESPONSE to #1 Motion to Vacate/Set Aside/Correct Sentence (2255), filed by United States of America. (Bengford, Stephanie)
January 9, 2020 Filing 21 MOTION to DISMISS by United States of America. (Bengford, Stephanie)
December 20, 2019 Opinion or Order Filing 20 ORDER denying as moot petitioner Trish Moravetz's #19 Motion to Extend. There is no pending motion currently to which you need to respond. If or when the respondent files a motion, you will have 24 days to respond to the motion. If 24 days is not adequate for you to submit a response, you can move for an extension at that time. No action is required of you presently. Signed by US Magistrate Judge Veronica L. Duffy on 12/20/19. (Duffy, Veronica) Modified on 12/20/2019 delivered to Trish Ann Moravetz via usps(SLT).
December 19, 2019 Filing 19 MOTION to Extend re #1 Motion to Vacate/Set Aside/Correct Sentence (2255), by Trish Ann Moravetz. (MSB)
December 11, 2019 Filing 18 SEALED Affidavit of Amanda Kippley re #1 Motion to Vacate/Set Aside/Correct Sentence (2255). (SKK)
December 11, 2019 Filing 17 SEALED Memorandum in Support of #14 Motion to Seal Affidavit of Former Defense Counsel. (SKK)
December 11, 2019 Opinion or Order Filing 16 ORDER granting #14 MOTION to Seal Document filed by United States of America. Signed by U.S. District Judge Karen E. Schreier on 12/11/19. (SKK) Modified on 12/13/2019. Sent to Trish Ann Moravetz via USPS (SKK).
December 11, 2019 Filing 15 TEXT ORDER granting #14 Motion to Seal Document. Signed by US Magistrate Judge Veronica L. Duffy on 12/11/2019. (CG)
December 10, 2019 Filing 14 MOTION to Seal Affidavit of Former Defense Counsel and Pleadings in Support of Motion to Seal by United States of America. (Attachments: #1 Proposed Sealed Memorandum in Support, #2 Proposed Sealed Affidavit) (SKK)
December 10, 2019 Filing 13 CERTIFICATE of Service by United States of America (Bengford, Stephanie)
October 17, 2019 Opinion or Order Filing 12 ORDER: The clerk of court shall provide to Ms. Moravetz copies of any transcripts prepared in her underlying criminal case. Signed by US Magistrate Judge Veronica L. Duffy on 10/17/2019. (CG) Mailed to plaintiff on 10/17/2019. Mailed CR18-40117 docs 217 and 219 to Warden (SLW).
October 17, 2019 Filing 11 TEXT ORDER granting #10 Motion to Extend. Ms. Kippley's affidavit shall be filed by December 10, 2019. Signed by US Magistrate Judge Veronica L. Duffy on 10/17/2019. (CG) Modified on 10/17/2019 delivered to Trish Ann Moravets via USPS (SLT).
October 16, 2019 Filing 10 MOTION to Extend Time for Former Defense Counsel to File Responsive Affidavit by United States of America. (Bengford, Stephanie)
October 2, 2019 Filing 9 CERTIFICATE of Service by United States of America (Bengford, Stephanie)
October 2, 2019 Filing 8 Attorney-Client Privilege Waiver by Trish Ann Moravetz. (SKK)
September 24, 2019 Opinion or Order Filing 7 ORDER granting respondent USA's #5 Motion for Extension of Time to Answer and for affidavit from former defense counsel. Signed by US Magistrate Judge Veronica L. Duffy on 09/24/2019. (Attachments: #1 Waiver of Attorney-Client Privilege) (Duffy, Veronica) Modified on 9/24/2019 delivered to Trish Ann Moravetz via USPS (SLT).
September 23, 2019 Filing 6 MEMORANDUM in Support re #5 MOTION for Extension of Time to File Answer re #1 Motion to Vacate/Set Aside/Correct Sentence (2255), and Motion for Order Directing Former Defense Counsel to Respond to Claims of Ineffective Assistance filed by United States of America. (Bengford, Stephanie)
September 23, 2019 Filing 5 MOTION for Extension of Time to File Answer re #1 Motion to Vacate/Set Aside/Correct Sentence (2255), and Motion for Order Directing Former Defense Counsel to Respond to Claims of Ineffective Assistance by United States of America. (Bengford, Stephanie)
September 16, 2019 Filing 4 NOTICE of Appearance by Stephanie C. Bengford on behalf of United States of America. (Bengford, Stephanie)
September 16, 2019 Opinion or Order Filing 3 ORDER for service and ordering attachment 1 to Docket No. 1 to be sealed. Signed by US Magistrate Judge Veronica L. Duffy on 9/16/2019. (CG) Modified on 9/16/2019 dleivered to Trish Ann Moravetz via USPS(SLT).
September 13, 2019 Filing 2 NOTICE TO PLAINTIFF: The Clerks Office has received your Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255. A new case has been opened. Copy of docket sheet sent to plaintiff. Any further documents or correspondence you send to the Clerks Office concerning your case must include the case number. All documents submitted for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become the official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and writing must be dark enough for scanning. All documents must be on 8.5 x 11 inch paper. (SKK)
September 13, 2019 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28:2255 Criminal Case No.: 18-40117 filed by Trish Ann Moravetz. (Attachments: #1 Attachment Statement Made Under Penalty of Perjury) (SKK) (Additional attachment(s) added on 9/13/2019: #2 Attachment AO 243) (SKK).

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Plaintiff: Trish Ann Moravetz
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Defendant: United States of America
Represented By: Kevin Koliner
Represented By: Stephanie C. Bengford
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