O'Bryan v. Cox
Petitioner: Howell Dean O'Bryan, Jr.
Respondent: J.W. Cox
Case Number: 4:2021cv04052
Filed: April 5, 2021
Court: US District Court for the District of South Dakota
Office: Southern Division Office
Presiding Judge: Veronica L Duffy
Referring Judge: Lawrence L Piersol
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 September 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2021 Opinion or Order Filing 20 OBJECTION to #18 Report and Recommendation by Howell Dean O'Bryan, Jr (Attachments: #1 Attachments) (DLC)
May 19, 2021 Opinion or Order Filing 19 LETTER Received from Howell Dean O'Bryan, Jr. to Judge. (SKK)
May 17, 2021 Opinion or Order Filing 18 REPORT AND RECOMMENDATIONS re #14 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim , #1 Petition for Writ of Habeas Corpus (28:2241). Objections to R&R due by 6/1/2021. Signed by US Magistrate Judge Veronica L. Duffy on 5/17/2021. (Attachments: #1 Chief Judge Lange opinion)(CG) Sent to Mr. O'Bryan via USPS on 5/17/2021 (MSB).
May 10, 2021 Opinion or Order Filing 17 RESPONSE to Motion re #14 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by Howell Dean O'Bryan, Jr. (Attachments: #1 Attachment) (DLC)
April 26, 2021 Opinion or Order Filing 16 DECLARATION of JILL STERNHAGEN re #14 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim , #15 Memorandum in Support of Motion . (Attachments: #1 Exhibit A - Public Information Inmate Data, #2 Exhibit B - Inmate History - First Step, #3 Exhibit C - Inmate History - Case Mgt., #4 Exhibit D - Inmate History - Drug Pgms., #5 Exhibit E - Inmate History - Educ. Info., #6 Exhibit F - Education Data Transcript) (Ramsdell, Alison)
April 26, 2021 Opinion or Order Filing 15 MEMORANDUM in Support re #14 MOTION to DISMISS for Lack of Jurisdiction; MOTION to DISMISS for Failure to State a Claim filed by J.W. Cox. (Ramsdell, Alison)
April 26, 2021 Opinion or Order Filing 14 MOTION to DISMISS for Lack of Jurisdiction , MOTION to DISMISS for Failure to State a Claim by J.W. Cox. (Ramsdell, Alison)
April 19, 2021 Opinion or Order Filing 13 RETURN OF SERVICE Executed upon Respondent U.S. Attorney General on 4/12/21 (SKK)
April 16, 2021 Opinion or Order Filing 12 RETURN OF SERVICE Executed upon Director, Federal Bureau of Prisons on 04/09/2021 (DLC)
April 9, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Alison J. Ramsdell on behalf of J.W. Cox. (Ramsdell, Alison)
April 8, 2021 Opinion or Order Filing Fee Received from Howell Dean O'Bryan, Jr. Fee Amount: $5.00, Receipt No.: #SDX300003768. (DLC)
April 7, 2021 Opinion or Order Filing 10 AMENDED ORDER on motions. Signed by US Magistrate Judge Veronica L. Duffy on 4/7/2021. (CG) Modified: mailed to Howell O'Bryan on 4/7/2021 (JLS).
April 6, 2021 Opinion or Order Filing 9 ORDER denying #4 Motion for Immediate Release; denying #5 Motion to Appoint Counsel; granting #6 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Veronica L. Duffy on 4/6/2021. (CG) Modified: mailed to Howell Dean O'Bryan, Jr. on 4/6/2021 (JLS).
April 5, 2021 Opinion or Order Filing 8 SUPPLEMENT by Petitioner Howell Dean O'Bryan, Jr re #1 Petition for Writ of Habeas Corpus (28:2241). (DLC)
April 5, 2021 Opinion or Order Filing 7 PRISONER Trust Account Report. (DLC)
April 5, 2021 Opinion or Order Filing 6 MOTION to Proceed Without Prepayment of Fees and Declaration by Howell Dean O'Bryan, Jr. (DLC)
April 5, 2021 Opinion or Order Filing 5 MOTION to Request a Public Defender or Court Appointed Attorney by Howell Dean O'Bryan, Jr. (DLC)
April 5, 2021 Opinion or Order Filing 4 EMERGENCY MOTION BOP Failure to Redeem FSA Earned Time Credits False Imprisonment Over Statutory Imposed Sentence by Howell Dean O'Bryan, Jr. (DLC)
April 5, 2021 Opinion or Order Filing 3 ORDER directing service upon respondent. Signed by US Magistrate Judge Veronica L. Duffy on 4/5/2021. (CG) Modified: mailed to Howell O'Bryan, Jr. on 4/5/2021 (JLS).
April 5, 2021 Opinion or Order 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. (DLC)
April 5, 2021 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241. (DLC)
April 5, 2021 Opinion or Order TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #3 Order, #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. (JLS)

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Respondent: J.W. Cox
Represented By: Alison J. Ramsdell
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Petitioner: Howell Dean O'Bryan, Jr.
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