Garza-Montenegro v. Cox
| Gerardo Garza-Montenegro |
| J.W. Cox |
| 4:2020cv04190 |
| December 4, 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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This docket was last retrieved on January 21, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 REPORT AND RECOMMENDATIONS re #14 MOTION to DISMISS, #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: mailed to Gerardo Garza-Montenegro on 1/21/2021 (JLS). |
| Filing 18 SUPPLEMENTAL Response by Petitioner Gerardo Garza-Montenegro re #17 Response to #14 MOTION to DISMISS and Response to #3 Order to Show Cause. (SKK) |
| Filing 17 RESPONSE to Motion re #14 MOTION to DISMISS and Response to #3 Order to Show Cause filed by Gerardo Garza-Montenegro. (SKK) |
| Filing Fee Received from Gerardo Garza-Montenegro. Fee Amount: $5, Receipt No.: #SDX300003680. (SKK) |
| 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) (Ryan, Diana) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to DISMISS filed by J.W. Cox. (Ryan, Diana) |
| Filing 14 MOTION to DISMISS by J.W. Cox. (Ryan, Diana) |
| Filing 13 NOTICE of Appearance by Diana J. Ryan on behalf of J.W. Cox. (Ryan, Diana) |
| Filing 12 TEXT ORDER denying #11 Motion to Extend. Petitioner has already filed his response to the show cause order and there is nothing else he needs to respond to at present. Signed by US Magistrate Judge Veronica L. Duffy on 12/22/2020. (CG) Sent to petitioner via USPS on 12/22/2020 (MSB). |
| Filing 11 MOTION to Extend by Gerardo Garza-Montenegro. (SKK) |
| Filing 10 RESPONSE to #3 Order to Show Cause filed by Gerardo Garza-Montenegro. (Attachments: #1 Attachment) (SKK) |
| Filing 9 PRISONER Trust Account Report (missing first page). (SKK) |
| Filing 8 RETURN OF SERVICE Executed upon Respondent J.W. Cox, U.S. Attorney General on 12/9/20 (SKK) |
| Filing 7 TEXT ORDER denying #6 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 12/11/2020. (CG) Sent to Petitioner via USPS on 12/11/2020 (MSB). |
| Filing 6 MOTION to Appoint Counsel by Gerardo Garza-Montenegro. (SKK) |
| Filing 5 RETURN OF SERVICE Executed upon Respondent J.W. Cox, Federal Bureau of Prisons, on 12/8/20 (SKK) Modified on 12/14/2020 to add entity (SKK). |
| Filing 4 NOTICE of Appearance by Delia M. Druley (USA) on behalf of J.W. Cox. (Druley (USA), Delia) |
Filing 3
ORDER directing service upon respondents and ordering the parties to show cause by December 23, 2020. Signed by US Magistrate Judge Veronica L. Duffy on 12/4/2020. (CG) Sent Order, AO85 and Rule 73 Memo to Mr. Garza-Montenegro via USPS on 12/4/2020 (MSB).
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| Filing 2 NOTICE TO PETITIONER: The Clerks Office has received your Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241. Although a new case has been opened, your case cannot proceed further until you either pay the filing fee OR complete and return the enclosed Motion to Proceed Without Prepayment of Fees and Declaration AND Prisoner Trust Account Report (to be completed by the institution where you are incarcerated.) Copy of docket sheet, motion to proceed IFP, and Prisoner Trust Account form 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. (SAC) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241 filed by Gerardo Garza-Montenegro. (Attachments: #1 Attachment) (SAC) |
| TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #3 ORDER directing service 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. (MSB) |
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| Respondent: J.W. Cox | |
| Represented By: | Diana J. Ryan |
| Represented By: | Delia M. Druley (USA) |
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| Petitioner: Gerardo Garza-Montenegro | |
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