Montoya v. Cox
| Preston Pernell Montoya |
| J.W. Cox |
| 4:2021cv04057 |
| April 8, 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 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.
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Filing 14
DECLARATION of SASHA LABRENZ re #13 Memorandum in Support of Motion, #12 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 . (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 - Psych. Trmt., #7 Exhibit G - Inmate History - PT Other) (Ramsdell, Alison)
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Filing 13
MEMORANDUM in Support re #12 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 J.W. Cox. (Ramsdell, Alison)
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Filing 12
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 J.W. Cox. (Ramsdell, Alison)
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Filing 11
TEXT ORDER granting #10 Motion for Extension of Time to Answer. J.W. Cox answer due 5/4/2021. Signed by US Magistrate Judge Veronica L. Duffy on 4/29/2021. (CG) Modified on 4/29/2021 cc: sent to Preston Montoya via USPS (KLE).
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Filing 10
MOTION for Extension of Time to File Answer re #1 Petition for Writ of Habeas Corpus (28:2241) or Otherwise Respond by J.W. Cox. (Ramsdell, Alison)
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Filing 9
RETURN OF SERVICE Executed upon Respondent J.W. Cox (US Atty General) on 4/13/2021 (DJP)
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Filing Fee Received from Preston Pernell Montoya. Fee Amount: $5.00, Receipt No.: #SDX500006587. (DJP)
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Filing 8
REQUEST for Attorney by Petitioner Preston Pernell Montoya (DJP)
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Filing 7
NOTICE of Appearance by Alison J. Ramsdell on behalf of J.W. Cox. (Ramsdell, Alison)
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Filing 6
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. (DJP)
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Filing 5
ORDER denying #4 Motion to Appoint Counsel; granting #2 Motion for Leave to Proceed in forma pauperis; and directing service upon respondents. Signed by US Magistrate Judge Veronica L. Duffy on 4/8/2021. (CG)
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Filing 4
MOTION to Appoint Counsel by Preston Pernell Montoya. (DJP)
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Filing 3
PRISONER Trust Account Report. (DJP)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Preston Pernell Montoya. (DJP)
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Filing 1
PETITION for Writ of Habeas Corpus pursuant to 28:2241. (DJP)
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TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copies of #1 Petition for Writ of Habeas Corpus (28:2241) and #5 Order 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)
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| Respondent: J.W. Cox | |
| Represented By: | Alison J. Ramsdell |
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| Petitioner: Preston Pernell Montoya | |
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