Nelson v. Cox
Petitioner: Nicholas James Nelson
Respondent: J.W. Cox
Case Number: 4:2020cv04199
Filed: December 14, 2020
Court: US District Court for the District of South Dakota
Office: Southern Division Office
Presiding Judge: Veronica L Duffy
Referring Judge: Karen E Schreier
Nature of Suit: Prisoner Petitions: Habeas Corpus - General
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 5, 2021 Filing 19 SUPPLEMENT re #18 OBJECTION to #17 Report and Recommendation by Petitioner Nicholas James Nelson. (Attachments: #1 Program Review Documents) (CLR)
February 4, 2021 Filing 18 OBJECTION to #17 Report and Recommendation by Nicholas James Nelson. (CLR)
January 26, 2021 Filing 17 REPORT AND RECOMMENDATIONS re #12 MOTION to DISMISS, #1 Petition for Writ of Habeas Corpus (28:2241). Objections to R&R due by 2/9/2021. Signed by US Magistrate Judge Veronica L. Duffy on 1/26/2021. (CG) Modified on 1/26/2021. Sent to Nicholas James Nelson via USPS (SKK).
January 25, 2021 Filing 16 Second RESPONSE to Motion re #12 MOTION to DISMISS filed by Nicholas James Nelson. (Attachments: #1 Administrative Remedy Documents) (CLR) (Main Document 16 replaced on 1/25/2021) (CLR).
January 19, 2021 Filing 15 RESPONSE to Motion re #12 MOTION to DISMISS filed by Nicholas James Nelson. (CLR)
January 19, 2021 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 Gen. Retrieval, #3 Exhibit C - Administrative Remedy & Response, #4 Exhibit D - Administrative Remedy & Response) (Druley (USA), Delia)
January 19, 2021 Filing 13 MEMORANDUM in Support re #12 MOTION to DISMISS filed by J.W. Cox. (Druley (USA), Delia)
January 19, 2021 Filing 12 MOTION to DISMISS by J.W. Cox. (Druley (USA), Delia)
January 7, 2021 Filing 11 PRISONER Trust Account Report. (CLR)
December 30, 2020 Filing 10 TEXT ORDER granting #9 Motion to Extend. The parties shall have until January 19, 2021, to file their response to the show cause order. Signed by US Magistrate Judge Veronica L. Duffy on 12/30/2020. (CG) Modified on 12/30/2020 . Sent to Nicholas James Nelson via USPS (SKK).
December 30, 2020 Filing 9 MOTION for Extension by Nicholas James Nelson. (Attachments: #1 Administrative Remedy Documents) (CLR)
December 29, 2020 Filing 8 CERTIFIED MAILING RECEIPTS from US Attorney General and Director Federal BOP. (CLR)
December 15, 2020 Filing 7 NOTICE of Appearance by Delia M. Druley (USA) on behalf of J.W. Cox. (Druley (USA), Delia)
December 15, 2020 TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #1 Petition for Writ of Habeas Corpus (28:2241), #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. (SKK)
December 14, 2020 Filing 6 TEXT ORDER denying #3 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 12/14/2020. (CG)
December 14, 2020 Opinion or Order Filing 5 ORDER granting #2 Motion for Leave to Proceed in forma pauperis, directing service upon respondent and ordering the parties to show cause by January 4, 2021. Signed by US Magistrate Judge Veronica L. Duffy on 12/14/2020. (CG)
December 14, 2020 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. 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. (SLT)
December 14, 2020 Filing 3 MOTION to Appoint Counsel by Nicholas James Nelson. (SLT)
December 14, 2020 Filing 2 MOTION for Leave to Proceed in forma pauperis by Nicholas James Nelson. (SLT)
December 14, 2020 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241 filed by Nicholas James Nelson. (SLT)

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Respondent: J.W. Cox
Represented By: Delia M. Druley (USA)
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Petitioner: Nicholas James Nelson
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