Garza Montenegro v. Yankton FPC
Petitioner: Gerardo Garza Montenegro
Respondent: Yankton FPC
Case Number: 4:2021cv04051
Filed: April 2, 2021
Court: US District Court for the District of South Dakota
Presiding Judge: Roberto A Lange
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 July 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2021 Opinion or Order Filing 14 DECLARATION of JILL STERNHAGEN re #12 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim , #13 Memorandum in Support of Motion . (Attachments: #1 Exhibit A - Public Information Inmate Data, #2 Exhibit B - Inmate History - Adm-Rel, #3 Exhibit C - Inmate History - First Step, #4 Exhibit D - Inmate History - Case Mgt., #5 Exhibit E - Inmate History - Drug Pgms., #6 Exhibit F - Inmate History - Educ. Info., #7 Exhibit G - Inmate History - Psych Trmt.) (Druley (USA), Delia)
May 24, 2021 Opinion or Order Filing 13 MEMORANDUM in Support re #12 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by Yankton FPC. (Druley (USA), Delia)
May 24, 2021 Opinion or Order Filing 12 MOTION to DISMISS for Lack of Jurisdiction , MOTION to DISMISS for Failure to State a Claim by Yankton FPC. (Druley (USA), Delia)
May 17, 2021 Opinion or Order Filing 11 NOTICE of Change of Address by Gerardo Garza Montenegro (SAC)
May 11, 2021 Opinion or Order Filing 10 Certified Mail Receipt Card returned for U.S. Attorney General (SAC)
May 6, 2021 Opinion or Order Filing 9 Certified Mail Receipt Card returned for Director, Federal Bureau of Prisons (SAC)
April 26, 2021 Opinion or Order Filing 8 NOTICE of Appearance by Delia M. Druley (USA) on behalf of Yankton FPC. (Druley (USA), Delia)
April 23, 2021 Opinion or Order TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and copies of #7 Order Directing Payment of $5 Fee and Thereafter Directing Service and Requiring Response, #6 EMERGENCY HABEAS MOTION FOR IMMEDIATE RELEASE DUE TO THE APPLICATION OF MY EARNED TIME CREDIT BEING DENIED CAUSING FALSE IMPRISONMENT OVER IMPOSED SENTENCE, #4 MOTION to Appoint Counsel, #2 MOTION for Leave to Proceed in forma pauperis, and #1 Petition for Writ of Habeas Corpus (28:2241) 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 4/23/2021 delivered to Petitioner with #7 and AO 85 (CLR).
April 23, 2021 Opinion or Order Filing Fee Received from Gerardo Garza Montenegro. Fee Amount: $5.00, Receipt No.: #SDX400054363. (VMM)
April 8, 2021 Opinion or Order Filing 7 ORDER DIRECTING PAYMENT OF $5 FEE AND THEREAFTER DIRECTING SERVICE AND REQUIRING RESPONSEdenying #4 Motion to Appoint Counsel ; denying #6 Emergency Habeas Motion for immediate release ; denying #2 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge Roberto A. Lange on 04/08/2021. MAILED to Gerardo Garza Montenegro. (SAC)
April 7, 2021 Opinion or Order Filing 6 EMERGENCY HABEAS MOTION FOR IMMEDIATE RELEASE DUE TO THE APPLICATION OF MY EARNED TIME CREDIT BEING DENIED CAUSING FALSE IMPRISONMENT OVER IMPOSED SENTENCE by Gerardo Garza Montenegro. (SAC)
April 2, 2021 Opinion or Order Filing 5 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 and Prisoner Trust Account Report. A new case has been opened. Copy of docket sheet sent to petitoner. 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)
April 2, 2021 Opinion or Order Filing 4 MOTION to Appoint Counsel by Gerardo Garza Montenegro. (SAC)
April 2, 2021 Opinion or Order Filing 3 PRISONER Trust Account Report. (SAC)
April 2, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Gerardo Garza Montenegro. (SAC)
April 2, 2021 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241. (SAC)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the South Dakota District Court's Electronic Court Filings (ECF) System

Search for this case: Garza Montenegro v. Yankton FPC
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Petitioner: Gerardo Garza Montenegro
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Respondent: Yankton FPC
Represented By: Delia M. Druley (USA)
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?