Workman v. Cox
| J.W. Cox |
| Kenneth Jarrell Workman |
| 4:2020cv04197 |
| December 11, 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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| Document Text |
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| Filing 18 OBJECTION to #16 Report and Recommendation by Kenneth Jarrell Workman (Attachments: #1 Attachments, #2 Ltr from clerk to petitioner re unsigned documents) (DJP) |
| Filing 17 MOTION to Extend Deadlines by Kenneth Jarrell Workman. Back side of envelope is blank. (DJP) |
| Filing 16 REPORT AND RECOMMENDATIONS re #12 MOTION to DISMISS Objections to R&R due by 1/27/2021. Signed by US Magistrate Judge Veronica L. Duffy on 1/13/2021. (KK) Modified on 1/13/2021 cc: mailed to Kenneth Jarrell Workman via USPS (KLE). |
| Filing 15 RESPONSE to Motion re #12 MOTION to DISMISS filed by Kenneth Jarrell Workman. (DJP) |
| Filing 14 DECLARATION of KARA ANDERL re #12 MOTION to DISMISS , #13 Memorandum in Support of Motion . (Attachments: #1 Exhibit A - Public Information Inmate Data, #2 Exhibit B - Administrative Remedy Generalized Retrieval, #3 Exhibit C - Administrative Remedy Packet) (Ramsdell, Alison) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to DISMISS filed by J.W. Cox. (Ramsdell, Alison) |
| Filing 12 MOTION to DISMISS by J.W. Cox. (Ramsdell, Alison) |
| Filing 11 NOTICE of Appearance by Alison J. Ramsdell on behalf of J.W. Cox. (Ramsdell, Alison) |
| Filing 10 RETURN OF SERVICE Executed upon US Attorney General on 12/21/2020 (DJP) |
| Filing 9 RETURN OF SERVICE Executed upon Director, BOP, on 12/21/2020 (DJP) |
| Filing 8 TEXT ORDER denying #7 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. IT IS FURTHER ORDERED that the motion to extend is denied. Signed by US Magistrate Judge Veronica L. Duffy on 12/21/2020. (CG) Modified on 12/21/2020 cc: Kenneth Workman via USPS(KLE). |
| Filing 7 MOTION to Appoint Counsel, MOTION for Extension by Kenneth Jarrell Workman. (DJP) |
| Filing 6 NOTICE of Appearance by Meghan K. Roche on behalf of J.W. Cox. (Roche, Meghan) |
Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis, directing service upon respondent and requiring the parties to show cause by January 4, 2021. Signed by US Magistrate Judge Veronica L. Duffy on 12/11/2020. (CG) Modified on 12/11/2020 sent to Kenneth Jarrell Workman along with Rule 73, AO 85 and docket sheet via USPS (KLE).
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| 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 the filing fee. A new case has been opened. Copy of docket sheet sent to petitioner with Prisoner Trust Account Report. 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 3 PRISONER Trust Account Report. (Received by Clerk's Office without first page) (MSB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Kenneth Jarrell Workman. (MSB) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241 ($5 fee paid, receipt#SDX400053609) filed by Kenneth Jarrell Workman. (Attachments: #1 BOP Documents) (MSB) Modified on 12/11/2020 (MSB). Modified to add receipt number on 12/14/2020 (DJP). |
| TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of 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. (KLE) |
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| Defendant: J.W. Cox | |
| Represented By: | Alison J. Ramsdell |
| Represented By: | Meghan K. Roche |
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| Petitioner: Kenneth Jarrell Workman | |
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