Kalimba v. State of South Dakota et al
Petitioner: Elizeo Kalimba
Respondent: State of South Dakota, Attorney General of the State of South Dakota and Lincoln County, South Dakota
Case Number: 4:2022cv04050
Filed: April 11, 2022
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. § 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 23, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2022 Filing 18 NOTICE of Change of Address by Elizeo Kalimba (DJP)
June 3, 2022 Filing 17 SUPPLEMENT by Petitioner Elizeo Kalimba re: #16 RESPONSE re #4 Order to Show Cause, #9 Motion to Dismiss, and apply equitable tolling by Elizeo Kalimba. (DJP)
June 2, 2022 Filing 16 RESPONSE re #4 Order to Show Cause, #9 Motion to Dismiss, and apply equitable tolling by Elizeo Kalimba. (JLS) Modified to term motion and modify text and add links to 4 and 9 on 6/3/2022 (JLS).
May 23, 2022 Filing 15 Letter re of Change of Address and prisoner trust account by Elizeo Kalimba (DJP)
May 19, 2022 Opinion or Order Filing 14 ORDER denying #12 Motion to Appoint Counsel. Signed by US Magistrate Judge Veronica L. Duffy on 5/18/2022. (PM) Mailed to petitioner on 5/19/2022 (SLW).
May 18, 2022 Filing 13 NOTICE of Change of Address by Elizeo Kalimba per Doc #12 envelope. (DJP)
May 18, 2022 Filing 12 MOTION to Appoint Counsel by Elizeo Kalimba. (DJP)
May 11, 2022 Filing 11 [FILED IN ERROR] RESPONSE to Discovery Request from Lincoln County, South Dakota by Lincoln County, South Dakota.(Meader, Joseph) Modified on 5/11/2022 to add text (KLE).
May 11, 2022 NOTICE of Filing Error: #11 Response to Discovery was filed in error and should be disregarded. (Meader, Joseph)
May 6, 2022 Filing 10 MEMORANDUM in Support re #9 MOTION to DISMISS Petition for Writ of Habeas Corpus and Response to Order to Show Cause filed by Attorney General of the State of South Dakota, State of South Dakota. (Attachments: #1 Attachment E-mail, #2 Attachment Complaint, #3 Attachment Indictment, #4 Attachment Plea Agreement, #5 Attachment Judgment, #6 Attachment Motion, #7 Attachment Letter, #8 Attachment Search, #9 Attachment Offender Locator, #10 Attachment E-mail, #11 Attachment E-mail) (Templar, Matthew)
May 6, 2022 Filing 9 MOTION to DISMISS Petition for Writ of Habeas Corpus and Response to Order to Show Cause by Attorney General of the State of South Dakota, State of South Dakota. (Templar, Matthew)
May 5, 2022 Filing 8 NOTICE of Appearance by Matthew W. Templar on behalf of Attorney General of the State of South Dakota, State of South Dakota. (Templar, Matthew)
April 22, 2022 Filing 7 Mail sent to Elizeo Kalimba was returned as undeliverable #4 Order to Show Cause was returned. Petitioner's address was updated to 702 South Duluth Avenue, #1, SF SD 57104, on April 18, and all documents up to that point were remailed to Petitioner on that day, including Doc. 4. (DJP)
April 19, 2022 Filing 6 NOTICE of Appearance by Joseph A. Meader on behalf of Lincoln County, South Dakota. (Meader, Joseph)
April 18, 2022 Filing 5 Mail sent to Elizeo Kalimba was returned as undeliverable. 3 New Case Letter - 2254 Prisoner Case and filing fee receipt were returned. Updated address to 702 South Duluth Avenue #1, Sioux Falls, SD 57104 per #1 and remailed Doc. 4, blank prisoner trust account report, receipt for $5 payment and docket sheet to Petitioner at corrected address (DJP)
April 12, 2022 Opinion or Order Filing 4 ORDER TO SHOW CAUSE and FOR SERVICE. Show Cause Response due by 5/12/2022. Signed by US Magistrate Judge Veronica L. Duffy on 4/12/2022. Mailed to Petitioner, along with Prisoner Trust Account Report.(DJP) Modified to correct Judge on 5/9/2022 (DJP).
April 11, 2022 Filing 3 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 the filing fee. A new case has opened. Copy of docket sheet sent to petitioner. 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 11, 2022 Filing 2 MOTION for Leave to Proceed in forma pauperis by Elizeo Kalimba. (DJP)
April 11, 2022 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 ($5.00 fee paid, receipt# SDX400056236). (Attachments: #1 12/16/2020 LTR) (DJP)

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Search for this case: Kalimba v. State of South Dakota et al
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Petitioner: Elizeo Kalimba
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Respondent: State of South Dakota
Represented By: Matthew W. Templar
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Respondent: Attorney General of the State of South Dakota
Represented By: Matthew W. Templar
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Respondent: Lincoln County, South Dakota
Represented By: Joseph A. Meader
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