Neels v. Young et al
| Ronald Lee Neels |
| Darin Young, Bob Dooley, Brenda Hyde, Attorney General for the State of South Dakota and Brent Fluke |
| 4:2022cv04053 |
| April 21, 2022 |
| US District Court for the District of South Dakota |
| Veronica L Duffy |
| Karen E Schreier |
| Prisoner Petitions: Habeas Corpus - General |
| 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on April 5, 2023. A more recent docket listing may be available from PACER.
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Filing 25
MEMORANDUM in Support re #22 MOTION for Judgment on the Pleadings Under FED. R. CIV. P. 12(c) and Answer to Petition for Writ of Habeas Corpus Under 28 U.S.C.2254 filed by Brent Fluke. (Templar, Matthew)
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Filing 24
[FILED IN ERROR] MEMORANDUM in Support re #22 MOTION for Judgment on the Pleadings Under FED. R. CIV. P. 12(c) and Motion for Judgment on the Pleadings Under FED. R. CIV. P. 12(c) filed by Brent Fluke. (Templar, Matthew) Modified on 6/14/2022 to add text (KLE).
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Filing 23
RESPONSE to #1 Petition for Writ of Habeas Corpus (28:2254) by Brent Fluke. (Attachments: #1 Exhibit 1-Judgment and Sentence, #2 Exhibit 2-Notice of Appeal, #3 Exhibit 3-Appellant's Brief, #4 Exhibit 4-Appellee's Brief, #5 Exhibit 5-Minnehaha County Public Defender Letter, #6 Exhibit 6-Order Directing Issuance of Judgment of Affirmance, #7 Exhibit 7-Petition for Writ of Habeas Corpus, #8 Exhibit 8-Amended Application for Writ of Habeas Corpus, #9 Exhibit 9-Motion for Summary Judgment, #10 Exhibit 10-Statement of Material Facts, #11 Exhibit 11-Brief in Support of Motion for Summary Judgment, #12 Exhibit 12-Objection to Motion for Summary Judgment, #13 Exhibit 13-Statement of Disputed Material Facts, #14 Exhibit 14-Brief in Opposition to Respondent's Motion for Summary Judgment, #15 Exhibit 15-Reply Brief in Support of Motion for Summary Judgment, #16 Exhibit 16-Order Granting Motion for Summary Judgment, #17 Exhibit 17-Motion for Certificate of Probable Cause, #18 Exhibit 18-Certificate of Probable Cause, #19 Exhibit 19-Notice of Appeal, #20 Exhibit 20-Amended Appellant's Brief, #21 Exhibit 21-Appellee's Brief, #22 Exhibit 22-Appellant's Reply Brief, #23 Exhibit 23-Jury Instructions) (Templar, Matthew)
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Filing 22
MOTION for Judgment on the Pleadings Under FED. R. CIV. P. 12(c) by Brent Fluke. (Templar, Matthew)
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NOTICE of Filing Error: #24 Memorandum in Support of Motion was filed in error and should be disregarded. (Templar, Matthew)
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Filing 21
TEXT ORDER granting #20 Motion for Leave to File Excess Pages. Respondents' answer is due on or before June 21, 2022. Signed by US Magistrate Judge Veronica L. Duffy on 6/10/2022. (KK) Modified on 6/10/2022 cc: sent to Ronald Neels via USPS (KLE).
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Filing 20
MOTION for Leave to File Excess Pages by Brent Fluke. (Templar, Matthew)
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Filing 19
ORDER denying petitioner Neel's #18 Motion to Extend. Mr. Neel requests an additional 30 days to respond to respondents' answer. However, by order of this court [Docket No. 16] the court ordered respondents to file an answer on or before June 20, 2022. Respondents' answer has not yet been filed. Therefore, no response to the answer is due from Mr. Neel at this time. Once respondents file their answer or otherwise respond to Mr. Neel's petition, Mr. Neel will be free to request additional time to respond if he needs it. Signed by US Magistrate Judge Veronica L. Duffy on 6/6/22. (Duffy, Veronica) Modified on 6/6/2022 cc: sent to Ronald Neels via USPS (KLE).
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Filing 18
MOTION for an Additional 30 days to File a Reply to Respondent's Answer re #16 Order by Ronald Lee Neels. (VMM)
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Filing 17
ORDER denying #15 Motion to Appoint Counsel. Signed by US Magistrate Judge Veronica L. Duffy on 5/20/2022. (KK) Modified on 5/20/2022 cc: sent to Ronald Neels via USPS (KLE).
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Filing 16
ORDER. Signed by US Magistrate Judge Veronica L. Duffy on 05/20/2022. Sent to Petitioner via USPS. (MSB)
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Filing 15
RESPONSE TO Doc. #3 ORDER TO SHOW CAUSE and MOTION to Appoint Counsel by Ronald Lee Neels. (VMM)
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NOTICE of Filing Error: #14 Response to Order to Show Cause was filed in error and should be disregarded. (VMM)
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Filing 14
(FILED IN ERROR) RESPONSE TO Doc. #3 ORDER TO SHOW CAUSE by Ronald Lee Neels (VMM) Modified on 5/20/2022 (VMM).
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Filing 13
TEXT ORDER granting #10 Motion to Substitute Party. Darin Young, Bob Dooley, Brenda Hyde, (Warden), and Attorney General for the State of South Dakota terminated. Brent Fluke added. Signed by US Magistrate Judge Veronica L. Duffy on 5/17/2022. (KK) Modified text and regenerated on 5/17/2022 (DJP). Mailed to Plaintiff. (CLR)
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Filing 12
RESPONSE TO ORDER TO SHOW CAUSE by Attorney General for the State of South Dakota, Bob Dooley, Brenda Hyde, Darin Young (Attachments: #1 Attachment E-mail, #2 Attachment Judgment, #3 Attachment Notice, #4 Attachment Order, #5 Attachment Petition, #6 Attachment Amended Application, #7 Attachment Order, #8 Attachment Motion, #9 Attachment Certificate, #10 Attachment Notice) (Templar, Matthew)
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Filing 11
MEMORANDUM in Support re #10 MOTION to Substitute Party and Remove filed by Attorney General for the State of South Dakota, Bob Dooley, Brenda Hyde, Darin Young. (Templar, Matthew)
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Filing 10
MOTION to Substitute Party and Remove by Attorney General for the State of South Dakota, Bob Dooley, Brenda Hyde, Darin Young. (Templar, Matthew)
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Filing 9
NOTICE of Appearance by Matthew W. Templar on behalf of Attorney General for the State of South Dakota, Bob Dooley, Brenda Hyde, Darin Young. (Templar, Matthew)
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RECEIVED Minnehaha criminal file 14-6754, Minnehaha civil file 17-1655, Supreme Court cases 29201 and 22713. Files are located on the Clerk's Office N drive. (SLW)
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Filing 8
ORDER denying #6 Motion to Appoint Counsel. Signed by US Magistrate Judge Veronica L. Duffy on 5/4/22. (Duffy, Veronica) Modified on 5/4/2022 cc: sent to Ronald Neels via USPS (KLE).
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Filing 7
ORDER granting #4 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Veronica L. Duffy on 5/4/22. (Duffy, Veronica) Modified on 5/4/2022 cc: sent to Ronald Neels via USPS (KLE).
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Filing 6
MOTION for Waiver of Filing Fees and Appointment of Counsel by Ronald Lee Neels. (MSB)
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Filing 5
PRISONER Trust Account Report. (MSB)
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Filing 4
MOTION for Leave to Proceed in forma pauperis by Ronald Lee Neels. (MSB)
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Filing 3
ORDER TO SHOW CAUSE and For Service Show Cause Response due by 5/23/2022. Signed by US Magistrate Judge Veronica L. Duffy on 04/21/2022. MAILING copy to Mr. Neels and EMAILING copy of this Order and doc. #1 2254 Petition to Attorney General of the State of SD via Mike Durfee 2254 service email group. (MSB)
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Filing 2
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. Although a new case has been opened, your case cannot proceed further until you either pay the filing fee OR complete and return the enclosed Motion to Proceed Without Prepayment of Fees and Declaration AND Prisoner Trust Account Report (to be completed by the institution where you are incarcerated.). Copy of docket sheet, motion to proceed IFP, and Prisoner Trust Account form 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. (MSB)
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Filing 1
PETITION for Writ of Habeas Corpus pursuant to 28:2254. (Attachments: #1 State Court Document/FPD Letter) (MSB)
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