Roberts v. Cox
| Timothy M. Roberts |
| J.W. Cox |
| 4:2020cv04187 |
| December 2, 2020 |
| US District Court for the District of South Dakota |
| Southern Division Office |
| Veronica L Duffy |
| Karen E Schreier |
| Prisoner Petitions: Habeas Corpus - General |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Document Text |
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| Filing 20 RESPONSE to #14 Motion to Dismiss filed by Timothy M. Roberts. (Attachments: #1 Attachments) (DJP) |
| Filing 19 REPORT AND RECOMMENDATIONS re #14 MOTION to DISMISS , #13 MOTION to Extend, #1 Petition for Writ of Habeas Corpus (28:2241). Objections to R&R due by 2/4/2021. Signed by US Magistrate Judge Veronica L. Duffy on 1/21/2021. (CG) Modified on 1/21/2021 cc: mailed to Timothy Roberts via USPS (KLE). |
| Filing 18 LETTER Received from Petitioner dated 1/18/2021. Copy of docket sheet mailed (DJP) |
| Filing 17 RESPONSE to #14 MOTION to DISMISS filed by Timothy M. Roberts. (DJP) |
| Filing 16 DECLARATION of SHANNON BOLDT re #15 Memorandum in Support of Motion, #14 MOTION to DISMISS . (Attachments: #1 Exhibit A - Public Information Inmate Data, #2 Exhibit B - Administrative Remedy Gen. Retrieval, #3 Exhibit C - Administrative Remedy Packet) (Roche, Meghan) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to DISMISS filed by J.W. Cox. (Roche, Meghan) |
| Filing 14 MOTION to DISMISS by J.W. Cox. (Roche, Meghan) |
| Filing 13 MOTION to Request Extension to respond re #5 ORDER granting Motion for Leave to Proceed in forma pauperis, directing service upon respondent and ordering parties to show cause by December 23, 2020 by Timothy M. Roberts. (MSB) |
| Filing 12 RESPONSE to #5 Order on Motion for Leave to Proceed in forma pauperis, filed by Timothy M. Roberts. (Attachments: #1 Administrative Remedy Documents) (MSB) |
| Filing 11 Certified mail return receipt for BOP and US AG's office returned; both parties signed received on December 7, 2020. (DJP) |
Filing 10
ORDER denying #8 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) Modified on 12/7/2020 cc: sent to Timothy Roberts via USPS (KLE).
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| Filing 9 PRISONER Trust Account Report. (does not have the cover sheet) (JLS) |
| Filing 8 MOTION to Appoint Counsel by Timothy M. Roberts. (JLS) |
| Filing 7 LETTER Received from Petitioner enclosing photocopy of Petition (without attachments). Original Petition and attachments were received and filed on December 2, 2020. Photocopy of Petition not filed. (DJP) |
| Filing 6 NOTICE of Appearance by Meghan K. Roche on behalf of J.W. Cox. (Roche, Meghan) |
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Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis, directing service upon respondent and ordering parties to show cause by December 23, 2020. Signed by US Magistrate Judge Veronica L. Duffy on 12/2/2020. (CG) Modified on 12/2/2020 cc: mailed to Timothy Roberts via USPS with AO 85 and Rule 73 memo (KLE).
|
| Filing 4 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 and Prisoner Trust Account Report. A new case has been opened. Copy of docket sheet sent to petitoner. 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. (DJP) |
| Filing 3 PRISONER Trust Account Report. (DJP) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Timothy M. Roberts. (Attachments: #1 Long Form Application to Proceed Without Prepayment of Fees or Costs) (DJP) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241 filed by Timothy M. Roberts. (Attachments: #1 Attachments) (DJP) |
| TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #5 Order on Motion for Leave to Proceed in forma pauperis 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 and via email. (KLE) Modified on 12/3/2020 (KLE). |
| Filing Fee Received from Timothy M. Roberts. Fee Amount: $5.00, Receipt No.: #SDX400053529. (JLS) |
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| Respondent: J.W. Cox | |
| Represented By: | Meghan K. Roche |
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| Petitioner: Timothy M. Roberts | |
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