Harcey v. Fluke et al
| Eric Harcey |
| Warden Brent Fluke and Attorney General for the State of South Dakota |
| 4:2021cv04036 |
| March 10, 2021 |
| 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 2254 |
| None |
Docket Report
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This docket was last retrieved on December 28, 2021. A more recent docket listing may be available from PACER.
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Filing 14
AMENDED PETITION for Writ of Habeas Corpus pursuant to 28:2254. (KLE)
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Filing 13
TEXT ORDER granting #11 Motion to Amend Petition. Signed by US Magistrate Judge Veronica L. Duffy on 5/4/2021. (CG) Modified on 5/4/2021 delivered to Eric Harcey via usps (SLT).
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Filing 12
REPLY to #8 Motion to Dismiss filed by Eric Harcey. (Attachments: #1 Exhibits) (JLS)
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Filing 11
MOTION to Amend #1 Petition for Writ of Habeas Corpus (28:2254) by Eric Harcey. (Attachments: #1 Highlighted Petition, #2 Proposed Amended Petition) (JLS)
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Filing 10
LETTER Received from Circuit Judge Bradley G. Zell to Eric W. Harcey. (JLS)
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Filing 9
MEMORANDUM in Support re #8 MOTION to DISMISS filed by Attorney General for the State of South Dakota, Brent Fluke. (Attachments: #1 Attachment 1 - Judgment entered 7/31/09, #2 Attachment 2 - Signed Suspended Sentence Supervision Agreement, #3 Attachment 3 - Major Incident Report, #4 Attachment 4 - Board Order, #5 Attachment 5 - Petition for Writ of Habeas Corpus filed in state court 4-27-2020, #6 Attachment 6 - Supplemental Application 10/20/2020, #7 Attachment 7 - Order Dismissing Application signed 11/25/2020, #8 Attachment 8 - Petitioner's Motion to Reinstate a prior habeas corpus in state court 2/16/21, #9 Attachment 9 - Order denying motion signed 2/17/21, #10 Attachment 10 - Motion to reconsider and Order denying motion signed 3/1/21) (JLS) Modified on 4/8/2021 (SLT).
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Filing 8
MOTION to DISMISS Petitioner's Application for Writ of Habeas Corpus by Attorney General for the State of South Dakota, Brent Fluke. (JLS) Modified on 4/8/2021 (SLT).
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Filing 7
PRISONER Trust Account Report. (Attachments: #1 Cover letter) (JLS)
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Filing Fee Received from Eric Harcey. Fee Amount: $5, Receipt No.: #SDX400054187. (JLS) Modified receipt on 3/24/2021 (JLS).
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Filing 6
BRIEF to Show Cause by Petitioner Eric Harcey re #5 Order. (Attachments: #1 Attachments to Brief (these were the best scans)) (JLS)
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Filing 5
ORDER directing service upon respondents and ordering parties to brief the timeliness issue by April 10, 2021. Signed by US Magistrate Judge Veronica L. Duffy on 3/10/2021. (CG) Modified on 3/11/2021 delivered to brent.fluke@state.sd.us; catherine.schlimgen@state.sd.us; wade.warntjes@state.sd.us; sherri.wald_state.sd.us |
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Filing 4
NOTICE TO PETITIONER: The Clerks Office has received your Petition for Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. 2254 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. (JLS)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Eric Harcey. (JLS)
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Filing 2
DECLARATION of Inmate Filing re #1 Petition for Writ of Habeas Corpus (28:2254). (JLS)
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Filing 1
PETITION for Writ of Habeas Corpus pursuant to 28:2254. (Attachments: #1 Attachments) (JLS)
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