Coleman v. Cox
| Corey Jay Coleman |
| J.W. Cox |
| 4:2020cv04178 |
| November 19, 2020 |
| US District Court for the District of South Dakota |
| Southern Division Office |
| Veronica L Duffy |
| Lawrence L Piersol |
| Prisoner Petitions: Habeas Corpus - General |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Filing 19 TEXT ORDER granting in part and denying in part #18 Motion to Extend Deadlines and for Appointment of Counsel. Mr. Coleman may have until January 25, 2021, to respond to the government's motion to dismiss. The request for appointment of counsel is denied. There is no recognized constitutional right under the Sixth Amendment for the appointment of counsel in habeas corpus cases. Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). Habeas actions are civil in nature, so the Sixth Amendment right to counsel applicable in criminal proceedings does not apply. Id. The court does, however, have discretion to appoint counsel if the interests of justice so require or if an evidentiary hearing will be held. See 18 U.S.C. 3006A(a)(2)(B). The court will not appoint counsel at this juncture of the proceedings and accordingly denies movants motion. This case is not legally or factually complex and the court is confident movant can present his issues himself at this point. Should an evidentiary hearing become necessary, the court will appoint counsel. Signed by US Magistrate Judge Veronica L. Duffy on 12/17/2020. (CG) Mailed to Coleman on 12/17/2020 (SLW). |
| Filing 18 MOTION to Extend Deadlines by Corey Jay Coleman. (JLS) |
| Filing 17 CERTIFIED MAILING RECEIPT for Federal BOP.(MSB) |
| Filing 16 DECLARATION of SHANNON BOLDT re #14 MOTION to DISMISS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES, #15 Memorandum in Support of Motion . (Attachments: #1 Exhibit A - Public Information Inmate Data, #2 Exhibit B - Administrative Remedy, #3 Exhibit C - Request for Administrative Remedy) (Ramsdell, Alison) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to DISMISS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES filed by J.W. Cox. (Ramsdell, Alison) |
| Filing 14 MOTION to DISMISS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES by J.W. Cox. (Ramsdell, Alison) |
| Filing 13 RESPONSE to #4 Order on Motion for Leave to Proceed in forma pauperis, filed by Corey Jay Coleman. (Attachments: #1 Administrative Remedy Document) (MSB) |
| Filing 12 RETURN OF SERVICE Executed. (SLW) |
Filing 11
ORDER denying #10 Motion to Appoint Counsel. There is no recognized constitutional right under the Sixth Amendment for the appointment of counsel in habeas corpus cases. Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994). Habeas actions are civil in nature, so the Sixth Amendment right to counsel applicable in criminal proceedings does not apply. Id. The court does, however, have discretion to appoint counsel if the interests of justice so require or if an evidentiary hearing will be held. See 18 U.S.C. 3006A(a)(2)(B). The court will not appoint counsel at this juncture of the proceedings and accordingly denies movants motion. This case is not legally or factually complex and the court is confident movant can present his issues himself at this point. Should an evidentiary hearing become necessary, the court will appoint counsel. Signed by US Magistrate Judge Veronica L. Duffy on 12/07/2020. (Duffy, Veronica) Mailed to petitioner on 12/7/2020 (SLW).
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| Filing 10 MOTION to Appoint Counsel by Corey Jay Coleman. (MSB) |
| Filing 9 TEXT ORDER denying as moot #6 Motion for Leave to Proceed in forma pauperis (filing fee paid in full). Signed by US Magistrate Judge Veronica L. Duffy on 11/30/2020. (CG) Mailed to petitioner on 11/30/2020 (SLW). |
| Filing 8 LETTER Received from Corey Coleman. (Page 2 of the Prisoner Trust Account refers to item 1 of this letter.) (Attachments: #1 Section 14 of Original 2241) (MSB) |
| Filing 7 PRISONER Trust Account Report. (MSB) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Corey Jay Coleman. (MSB) |
| Filing Fee Received from Corey Jay Coleman. Fee Amount: $5.00, Receipt No.: #SDX400053499. (MSB) |
| Filing 5 NOTICE of Appearance by Alison J. Ramsdell on behalf of J.W. Cox. (Ramsdell, Alison) |
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis, directing service and order the parties to show cause by December 11, 2020. Signed by US Magistrate Judge Veronica L. Duffy on 11/19/2020. (CG) Mailed to petitioner with AO 85 on 11/19/2020 (SLW).
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| Filing 3 NOTICE TO PETITIONER: The Clerks Office has received your Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241 together with a Motion to Proceed without Prepayment of Fees and Declaration. Although a new case has been opened, your motion to proceed without prepayment of fees may be denied unless you return the enclosed Prisoner Trust Account Report (to be completed by the institution where you are incarcerated.) Copy of docket sheet and Prisoner Trust Account Report sent to petitioner. 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. The plaintiff must keep the Court informed if the plaintiff's address changes. If the Court is not kept informed and multiple items are returned as undelivered, the plaintiff's case may be dismissed without prejudice for failure to prosecute. (MSB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Corey Jay Coleman. (MSB) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241 filed by Corey Jay Coleman. (Attachments: #1 Attachement A - Penitentiary Documents) (MSB) |
| TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #4 Order on Motion for Leave to Proceed in forma pauperis, #1 Petition for Writ of Habeas Corpus (28:2241) on the Respondent and the following: - United States Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001, via certified mail, return receipt requested; - Director, Federal Bureau of Prisons,320 First St., NW, Washington, DC 20534, via certified mail, return receipt requested; - Diana Ryan, Assistant United States Attorney for the District of South Dakota, Civil Division, via Interoffice Mailbox in Sioux Falls. (SLW) |
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| Respondent: J.W. Cox | |
| Represented By: | Alison J. Ramsdell |
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| Petitioner: Corey Jay Coleman | |
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