Torres v. Yankton FPC, Warden
| Gerardo Aguilar Torres |
| Yankton FPC, Warden |
| 4:2021cv04055 |
| April 7, 2021 |
| US District Court for the District of South Dakota |
| Veronica L Duffy |
| Karen E Schreier |
| Prisoner Petitions: Habeas Corpus - General |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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This docket was last retrieved on January 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 MOTION to Appoint Counsel by Gerardo Aguilar Torres. (SLT) |
| Filing 18 RESPONSE to Motion re #13 MOTION to DISMISS for Failure to Exhaust Administrative Remedies MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by Gerardo Aguilar Torres. (SLT) (Additional attachment(s) added on 5/14/2021: #1) (SLT). |
| Filing 17 (FILED IN ERROR) MOTION to Appoint Counsel by Gerardo Aguilar Torres. (Attachments: #1 Attachment) (SLT) (Main Document 17 replaced on 5/14/2021) (SLT). Modified on 5/14/2021 (SLT). |
| NOTICE of Filing Error: #17 Motion to Appoint Counsel was filed in error and should be disregarded. (SLT) |
| Filing 16 DECLARATION of JILL STERNHAGEN re #13 MOTION to DISMISS for Failure to Exhaust Administrative Remedies MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim , #14 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 - Inmate History - WASPB, #7 Exhibit G - Inmate History - PT Other) (Druley (USA), Delia) |
| Filing 15 DECLARATION of SHANNON BOLDT re #13 MOTION to DISMISS for Failure to Exhaust Administrative Remedies MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim , #14 Memorandum in Support of Motion, . (Attachments: #1 Exhibit A - Public Information Inmate Data, #2 Exhibit B - Admin. Remedy Generalized Retrieval, #3 Exhibit C - Admin. Remedy Packet) (Druley (USA), Delia) |
| Filing 14 MEMORANDUM in Support re #13 MOTION to DISMISS for Failure to Exhaust Administrative Remedies MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by Yankton FPC, Warden. (Druley (USA), Delia) |
| Filing 13 MOTION to DISMISS for Failure to Exhaust Administrative Remedies, MOTION to DISMISS for Lack of Jurisdiction , MOTION to DISMISS for Failure to State a Claim by Yankton FPC, Warden. (Druley (USA), Delia) |
| Filing 12 NOTICE of Appearance by Delia M. Druley (USA) on behalf of Yankton FPC, Warden. (Druley (USA), Delia) |
| Filing Fee Received from Gerardo Aguilar Torres. Fee Amount: $5.00, Receipt No.: #SDX300003783. (SLT) |
| Filing 11 RETURN OF SERVICE as to United States Attorney General served on 4/16/2021. (SLT) |
Filing 10
ORDER denying #5 Motion for Immediate Release. Signed by US Magistrate Judge Veronica L. Duffy on 4/9/2021. (CG)
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Filing 9
ORDER denying #7 Motion to Appoint Counsel. Signed by US Magistrate Judge Veronica L. Duffy on 4/9/2021. (CG)
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| Filing 8 NOTICE of Appearance by Alison J. Ramsdell on behalf of Yankton FPC, Warden. (Ramsdell, Alison) |
| Filing 7 MOTION to Appoint Counsel by Gerardo Aguilar Torres. (CLR) |
| Filing 6 PRISONER Trust Account Report. (CLR) |
| Filing 5 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 Aguilar Torres. (CLR) |
| TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #4 Order on Motion for Leave to Proceed in forma pauperis, #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. (DLC) |
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Filing 4
ORDER granting #2 Motion for Leave to Proceed in forma pauperis and directing service upon respondents. Signed by US Magistrate Judge Veronica L. Duffy on 4/7/2021. (CG)
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| Filing 3 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. 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. (SLT) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Gerardo Aguilar Torres. (SLT) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241. (SLT) |
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| Respondent: Yankton FPC, Warden | |
| Represented By: | Alison J. Ramsdell |
| Represented By: | Delia M. Druley (USA) |
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| Petitioner: Gerardo Aguilar Torres | |
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