Kizart v. Cox
Defendant: J.W. Cox
Petitioner: Kevin D. Kizart
Case Number: 4:2021cv04011
Filed: January 20, 2021
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
March 19, 2021 Filing 20 SUPPLEMENT by Petitioner Kevin D. Kizart. (Attachments: #1 Attachment) (SAC) (Attachment 1 replaced on 3/19/2021 to delete extra blank page) (SAC).
March 17, 2021 Filing 19 REPORT AND RECOMMENDATIONS re #1 Petition for Writ of Habeas Corpus (28:2241) and #15 MOTION to DISMISS. Objections to R&R due by 3/31/2021. Signed by US Magistrate Judge Veronica L. Duffy on 3/17/2021. (CG) Modified on 3/17/2021 delivered to Mr. Kizart via USPS (CLR).
March 4, 2021 Filing 18 RESPONSE to Motion re #15 MOTION to DISMISS filed by Kevin D. Kizart. (SAC)
February 22, 2021 Filing 17 DECLARATION of SHANNON BOLDT re #15 MOTION to DISMISS , #16 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 Packet, #4 Exhibit D - Administrative Remedy Response) (Ramsdell, Alison)
February 22, 2021 Filing 16 MEMORANDUM in Support re #15 MOTION to DISMISS filed by J.W. Cox. (Ramsdell, Alison)
February 22, 2021 Filing 15 MOTION to DISMISS by J.W. Cox. (Ramsdell, Alison)
February 8, 2021 Filing 14 TEXT ORDER denying #10 Motion to Appoint Counsel for the reasons previously explained in the court's order dated January 20, 2021 (Doc. 4). Signed by US Magistrate Judge Veronica L. Duffy on 2/8/2021. (CG) Modified on 2/8/2021 delivered to Mr. Kizart via USPS (CLR).
February 8, 2021 Filing 13 TEXT ORDER granting #11 Motion for Leave to Proceed in forma pauperis. Mr. Kizart shall pay the $5.00 filing fee by February 22, 2021. Signed by US Magistrate Judge Veronica L. Duffy on 2/8/2021. (CG) Modified on 2/8/2021 delivered to Mr. Kizart via USPS (CLR).
February 8, 2021 Filing 12 PRISONER Trust Account Report. (SAC) (Main Document 12 replaced on 2/8/2021 to rotate upside down pages) (SAC).
February 8, 2021 Filing 11 MOTION for Leave to Proceed in forma pauperis by Kevin D. Kizart. (SAC)
February 8, 2021 Filing 10 MOTION to Appoint Counsel by Kevin D. Kizart. (SAC)
February 8, 2021 Filing 9 RESPONSE to #4 Order filed by Kevin D. Kizart. (SAC)
February 2, 2021 Filing 8 CERTIFIED MAIL RECEIPT returned for U.S. Attorney General (SAC)
January 28, 2021 Filing 7 CERTIFIED MAIL RECEIPT returned from Director, Federal Bureau of Prisons (SAC)
January 28, 2021 Filing 6 TEXT ORDER denying #3 Motion to Appoint Counsel (denied at Doc. 4). Signed by US Magistrate Judge Veronica L. Duffy on 1/20/2021. (CG) Modified on 1/28/2021 delivered to Petitioner via USPS (CLR).
January 25, 2021 Filing 5 NOTICE of Appearance by Alison J. Ramsdell on behalf of J.W. Cox. (Ramsdell, Alison)
January 20, 2021 Opinion or Order Filing 4 ORDER directing service and ordering the parties to show cause by February 22, 2021. Signed by US Magistrate Judge Veronica L. Duffy on 1/20/2021. (CG)
January 20, 2021 Filing 3 MOTION to Appoint Counsel by Kevin D. Kizart. (SAC)
January 20, 2021 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)
January 20, 2021 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241. (SAC) (Main Document 1 replaced on 1/20/2021) (SAC). (Additional attachment(s) added on 1/20/2021: #1 Attachments) (SAC).
January 20, 2021 TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copies of #1 Petition for Writ of Habeas Corpus (28:2241), and #4 Order for Service and to Show Cause 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 electronic delivery. (CLR) Modified on 1/20/2021 Mailed to Petitioner with AO 85(CLR).

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Defendant: J.W. Cox
Represented By: Alison J. Ramsdell
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Petitioner: Kevin D. Kizart
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