Kerkman v. Yankton FPC, Warden
| Max Kerkman |
| Yankton FPC, Warden |
| 4:2021cv04183 |
| November 8, 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 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 REPORT AND RECOMMENDATIONS re #7 MOTION for Immediate Release, #1 Petition for Writ of Habeas Corpus (28:2241), #12 MOTION Immediate Release, #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 Objections to R&R due by 12/27/2021. Signed by US Magistrate Judge Veronica L. Duffy on 12/13/2021. (PM) Modified on 12/13/2021 mailed to Max Kerkman via USPS (KLE). |
| Filing 12 EMERGENCY MOTION FOR IMMEDIATE RELEASE AND OBJECTIONS TO MOTION TO DISMISS #9 AND RESPONDENTS BRIEF IN SUPPORT #10 AND DECLARATION OF JILL STERNHAGEN #11 by Max Kerkman. (Attachments: #1 Individualized Needs Plan) (VMM) Modified on 12/8/2021 to link motion (VMM). |
| Filing 11 DECLARATION of JILL STERNHAGEN 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., #4 Exhibit D - Inmate History - WASPB, #5 Exhibit E - 3621(e) Review) (Ramsdell, Alison) |
| 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. (Ramsdell, Alison) |
| 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. (Ramsdell, Alison) |
| Filing 8 RETURN OF SERVICE as to Yankton FPC, Warden served on Federal Bureau of Prisons and US Attorney General. (MSB) |
| Filing 7 Emergency MOTION for Immediate Release Requesting Court Order BOP to Issue and Apply Petitioners First Step Act Earned Time Credits by Max Kerkman. (MSB) |
| Filing 6 Notice of Withdrawal and Substitution of Attorney as to Yankton FPC, Warden. Attorney Alison J. Ramsdell added. Attorney Civil United States Attorney terminated. (Ramsdell, Alison) |
Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis and Ordering service. Signed by US Magistrate Judge Veronica L. Duffy on 11/08/2021. MAILED copy of Order, Rule 73 Memo and AO 85 to Petitioner. (MSB)
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| TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #1 Petition for Writ of Habeas Corpus (28:2241), #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. Mailed copy to Petitioner. (MSB) |
| 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. (MSB) |
| Filing 3 PRISONER Trust Account Report. (MSB) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Max Kerkman. (MSB) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241. (MSB) |
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| Petitioner: Max Kerkman | |
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| Respondent: Yankton FPC, Warden | |
| Represented By: | Alison J. Ramsdell |
| Represented By: | Civil United States Attorney |
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