Chvala v. Yankton FPC Warden
Petitioner: James William Chvala
Respondent: Yankton FPC Warden
Case Number: 4:2021cv04092
Filed: May 17, 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 December 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 1, 2021 Filing 13 RESPONSE to Motion re #9 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 and #10 MEMORANDUM in Support filed by James William Chvala. (Attachments: #1 BOP Documents) (MSB)
June 15, 2021 Filing 12 Notice of Withdrawal and Substitution of Attorney as to Yankton FPC Warden. Attorney Alison J. Ramsdell added. Attorney Delia M. Druley (USA) terminated. (Ramsdell, Alison)
June 7, 2021 Filing 11 DECLARATION of SASHA LABRENZ re: #9 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 - Drug Pgms.) (Druley (USA), Delia)
June 7, 2021 Filing 10 MEMORANDUM in Support re #9 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)
June 7, 2021 Filing 9 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)
June 3, 2021 Filing 8 NOTICE of Appearance by Delia M. Druley (USA) on behalf of Yankton FPC Warden. (Druley (USA), Delia)
June 2, 2021 Filing Fee Received from James William Chvala. Fee Amount: $5.00, Receipt No.: #SDX400054568. (VMM)
May 28, 2021 Filing 7 RETURN OF SERVICE Executed upon United States Attorney General on 05/24/2021 (DLC)
May 27, 2021 Filing 6 RETURN OF SERVICE Executed upon Director, Federal Bureau of Prisons on 05/24/2021 (DLC)
May 18, 2021 Opinion or Order Filing 5 ORDER directing service on respondent and granting #2 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Veronica L. Duffy on 5/18/2021. (KK) Sent to Mr. Chvala via USPS on 5/18/2021 (MSB).
May 18, 2021 Filing 4 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. 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. (SKK)
May 18, 2021 TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of the Petition for Writ of Habeas Corpus and Order on Motion for Leave to Proceed In Forma Pauperis 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. (MSB)
May 17, 2021 Filing 3 PRISONER Trust Account Report. (SKK)
May 17, 2021 Filing 2 MOTION for Leave to Proceed in forma pauperis by James William Chvala. (Attachments: #1 Letter) (SKK)
May 17, 2021 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241. (SKK)

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Petitioner: James William Chvala
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Respondent: Yankton FPC Warden
Represented By: Alison J. Ramsdell
Represented By: Delia M. Druley (USA)
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