Banzi v. Fluke et al
| Defed Banzi |
| Brent Fluke, Richard A Sommers, Christy Serr and Attorney General for the State of South Dakota |
| 4:2021cv04207 |
| November 29, 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 2254 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 4, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| RECEIVED Brown County Criminal case 19-313. Saved on Clerk's Office N drive. No Supreme Court record. (SLW) |
| Filing 12 MEMORANDUM in Support re #11 MOTION to DISMISS Petitioner's Application for Writ of Habeas Corpus filed by Attorney General for the State of South Dakota, Brent Fluke, Richard A Sommers. (Attachments: #1 Attachment Complaint, #2 Attachment Plea Agreement, #3 Attachment Judgment of Conviction) (Thorne, Sarah) |
| Filing 11 MOTION to DISMISS Petitioner's Application for Writ of Habeas Corpus by Attorney General for the State of South Dakota, Brent Fluke, Richard A Sommers. (Thorne, Sarah) |
Filing 10
ORDER granting Banzi's #9 Motion to Extend Deadlines re #6 Order to Show Cause, ; denying #9 Motion appointment of counsel and interpreter. The deadline for both parties to respond to the court's order to show cause is extended until January 10, 2022. Banzi's motion for appointment of counsel and for an interpreter are denied. His pro se pleadings demonstrate he is familiar with the English language sufficient to be able to articulate his claims and explain his position. Habeas petitioners are not entitled to court appointed counsel as a matter of right. The court, exercising its discretion, declines to appoint counsel at this point. The issue in the order to show cause is not complex and the court believes Banzi is capable of responding to the order himself. Should an evidentiary hearing be necessary, the court will appoint counsel at that time. Signed by US Magistrate Judge Veronica L. Duffy on 12/10/21. (Duffy, Veronica)
|
| Filing 9 MOTION to Extend Order to Show Cause Deadline and MOTION for Interpreter by Defed Banzi. (Attachments: #1 Confidential Application for Court-Appointed Attorney) (CLR) |
| Filing 8 Mail sent to Christy Serr was returned as undeliverable. #7 , #1 Order to Show Cause, Petition for Writ of Habeas Corpus (28:2254) were returned. (TAL) Modified on 12/9/2021 resent to updated mailing address in second Staff Note. (CLR) |
| Filing 7 AMENDED ORDER FOR SERVICE AND TO SHOW CAUSE Show Cause Response due by 12/30/2021. Signed by US Magistrate Judge Veronica L. Duffy on 12/1/2021. Emailed with 1 and [1-1] to Janet.Waldron@state.sd.us; Brent.Fluke@state.sd.us; Catherine.Schlimgen@state.sd.us; Wade.Warntjes@state.sd.us; Sarah.Thorne@state.sd.us; atgservice@state.sd.us and Rebecca.schieffer@state.sd.us and Mailed to Judge Jon Flemmer and attorney Christy Serr. Order only mailed to Petitioner. (CLR) |
|
Filing 6
ORDER FOR SERVICE AND TO SHOW CAUSE Show Cause Response due by 12/30/2021. Signed by US Magistrate Judge Veronica L. Duffy on 11/30/2021. Emailed with #1 and [1-1] to Sherri.Wald@state.sd.us; Janet.Waldron@state.sd.us; Brent.Fluke@state.sd.us; Catherine.Schlimgen@state.sd.us; Wade.Warntjes@state.sd.us; Sarah.Thorne@state.sd.us; atgservice@state.sd.us and Rebecca.schieffer@state.sd.us. Order only mailed to Petitioner.(CLR)
|
|
Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Veronica L. Duffy on 11/30/21. (Duffy, Veronica) Mailed to Petitioner. (CLR)
|
| Filing 4 NOTICE TO PETITIONER: The Clerks Office has received your Petition for Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. 2254 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. Mailed to Petitioner. (CLR) |
| Filing 3 PRISONER Trust Account Report. (CLR) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Defed Banzi. (CLR) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254.. (Attachments: #1 Handwritten Documents) (CLR) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Dakota District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
