Harcey v. Minnehaha County States Attorneys Office et al
Petitioner: Eric Harcey
Respondent: Minnehaha County States Attorneys Office, Minnehaha County States Attorney Mark Joyce and Honorable Judge Bradley Zell
Case Number: 4:2021cv04067
Filed: April 15, 2021
Court: US District Court for the District of South Dakota
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 2241
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 11, 2021 Opinion or Order Filing 20 ORDER granting #19 Motion to Dismiss. Signed by U.S. District Judge Karen E. Schreier on 6/11/2021. Mailed to Petitioner 6/11/2021 (DJP)
June 10, 2021 Filing 19 MOTION to DISMISS by Eric Harcey. (DJP)
May 19, 2021 Filing 18 CERTIFICATE Certificate of Service by Minnehaha County States Attorney Mark Joyce, Minnehaha County States Attorneys Office (Bogue, Eric)
May 19, 2021 Filing 17 REPLY to Respondents Answer filed by Eric Harcey. (Attachments: #1 Attachments to Reply) (DJP)
May 12, 2021 Filing 16 AMENDED PETITION for Writ of Habeas Corpus pursuant to 28:2241. (KLE)
May 12, 2021 Filing 15 TEXT ORDER granting #12 Motion to Amend petition. Signed by US Magistrate Judge Veronica L. Duffy on 5/12/2021. (CG) Modified on 5/13/2021 cc: mailed to Eric Harcey via USPS (KLE).
May 12, 2021 Filing 14 NOTICE of Appearance by Eric H. Bogue on behalf of Minnehaha County States Attorney Mark Joyce, Minnehaha County States Attorneys Office. (Bogue, Eric)
May 12, 2021 Filing 13 RESPONSE to Motion re #8 MOTION to DISMISS for Failure to State a Claim filed by Eric Harcey. (Attachments: #1 Exhibits) (DJP)
May 12, 2021 Filing 12 MOTION to Amend #1 Petition for Writ of Habeas Corpus (28:2241) by Eric Harcey. (Attachments: #1 Proposed Amended Petition with highlights, #2 Proposed Amended Petition clean copy) (DJP)
May 10, 2021 Filing 11 MEMORANDUM in Support re #10 MOTION to DISMISS filed by Minnehaha County States Attorney Mark Joyce, Minnehaha County States Attorneys Office. (Attachments: #1 Exhibit 1: Indictment #2 Exhibit 2: Case Summary, #3 Exhibit 3: Notice of Entry of Order and Certificate of Service, #4 Exhibit 4: Notice of Entry of Order and Certificate of Service) (Bogue, Eric) Modified on 5/11/2021 to add descriptions of exhibits (KLE).
May 10, 2021 Filing 10 MOTION to DISMISS by Minnehaha County States Attorney Mark Joyce, Minnehaha County States Attorneys Office. (Bogue, Eric)
May 3, 2021 Filing 9 MEMORANDUM in Support re #8 MOTION to DISMISS for Failure to State a Claim filed by Bradley Zell. (Attachments: #1 Exhibit 1: Indictment, #2 Exhibit 2: Case Summary, #3 Exhibit 3: In re the Revocation of Parole/Suspended Sentence of Harcey (Oct. 25, 2021), #4 Exhibit 4: In re the Revocation of Parole/Suspended Sentence of Harcey (Jan. 25, 2021)) (Jorgenson, Jennifer)
May 3, 2021 Filing 8 MOTION to DISMISS for Failure to State a Claim by Bradley Zell. (Jorgenson, Jennifer)
May 3, 2021 Filing 7 NOTICE of Appearance by Jennifer M. Jorgenson on behalf of Bradley Zell. (Jorgenson, Jennifer)
April 30, 2021 Filing 6 Copy of ltr from Circuit Judge Bradley G. Zell to Eric W. Harcey in state court matters. (DJP)
April 19, 2021 Filing Fee Received from Eric Harcey. Fee Amount: $5.00, Receipt No.: #SDX400054350. (VMM)
April 16, 2021 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. 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. A request to electronically file documents in your case must be made through the PACER Service Center at www.pacer.uscourts.gov. 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)
April 16, 2021 Opinion or Order 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 4/16/2021. (CG) Modified on 4/16/2021 delivered with Docket Sheet to Petitioner via USPS (CLR).
April 15, 2021 Filing 3 DECLARATION of Eric Harcey re inmate filing. (DJP)
April 15, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis with attached Trust Account Statement by Eric Harcey. (DJP) (Main Document 2 replaced on 4/15/2021) (DJP). (Additional attachment(s) added on 4/15/2021: #1 Prisoner Trust Account Statements) (DJP).
April 15, 2021 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241. (Attachments: #1 State court records) (DJP)

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Respondent: Minnehaha County States Attorneys Office
Represented By: Eric H. Bogue
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Respondent: Minnehaha County States Attorney Mark Joyce
Represented By: Eric H. Bogue
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Respondent: Honorable Judge Bradley Zell
Represented By: Jennifer M. Jorgenson
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Petitioner: Eric Harcey
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