Fassett v. Young et al
Defendant: Attorney General of the State of South Dakota and Darren Young
Petitioner: Kyle Eugene Fassett
Case Number: 4:2021cv04048
Filed: March 31, 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 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 14, 2021 Filing 12 RESPONSE to Motion re #9 First MOTION to DISMISS Petition for Writ of Habeas Corpus by Attorney General of the State of South Dakota filed by Kyle Eugene Fassett. (Attachments: #1 Exhibits A-J) (MSB) Best scan available for the Response to Motion (MSB).
May 6, 2021 Filing 11 RESPONSE to Motion re #9 First MOTION to DISMISS Petition for Writ of Habeas Corpus filed by Kyle Eugene Fassett.
May 4, 2021 RECEIVED Minnehaha County Criminal Case #17-5466. Record is on Clerk of Courts N drive. (MSB)
April 30, 2021 Filing 10 MEMORANDUM in Support re #9 First MOTION to DISMISS Petition for Writ of Habeas Corpus filed by Attorney General of the State of South Dakota, Darren Young. (Attachments: #1 Exhibit Judgment and Conviction, #2 Exhibit Parole Violation Report, #3 Exhibit Parole Board Order) (Schlimgen, Catherine)
April 30, 2021 Filing 9 First MOTION to DISMISS Petition for Writ of Habeas Corpus by Attorney General of the State of South Dakota, Darren Young. (Schlimgen, Catherine)
April 30, 2021 Filing 8 NOTICE of Appearance by Catherine Schlimgen on behalf of All Defendants. (Schlimgen, Catherine)
April 13, 2021 Filing 7 TEXT ORDER granting #5 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Veronica L. Duffy on 4/13/2021. (CG) Mailed to Fassett on 4/13/2021 (SLW).
April 13, 2021 Filing 6 PRISONER Trust Account Report. (MSB)
April 13, 2021 Filing 5 MOTION for Leave to Proceed in forma pauperis by Kyle Eugene Fassett. (MSB)
April 8, 2021 Filing 4 RESPONSE TO ORDER TO SHOW CAUSE by Kyle Eugene Fassett. (Attachments: #1 Attachment Letter) (MSB) (Main Document 4 replaced to fix page orientation on 4/8/2021) (MSB).
March 31, 2021 Opinion or Order Filing 3 ORDER directing service upon respondents and ordering the parties to show cause by April 30, 2021 as to issue of timeliness of the petition. Signed by US Magistrate Judge Veronica L. Duffy on 3/31/2021. (CG) Mailed to Petitioner on 3/31/2021. Emailed with petition to service group.(SLW).
March 31, 2021 Filing 2 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. 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. (MSB)
March 31, 2021 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254. (MSB)

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Defendant: Attorney General of the State of South Dakota
Represented By: Catherine Schlimgen
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Defendant: Darren Young
Represented By: Catherine Schlimgen
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Petitioner: Kyle Eugene Fassett
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