Hughbanks v. Fluke et al
| Kevin L. Hughbanks |
| Warden Brent Fluke, South Dakota Board of Pardons & Paroles and Mark A. Vargo |
| 4:2022cv04154 |
| November 3, 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 July 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 JUDGMENT in favor of responded against Kevin L. Hughbanks. Signed by U.S. District Judge Karen E. Schreier on 7/27/23. (SKM) |
Filing 25
ORDER granting #8 Motion to Dismiss; adopting #20 Report and Recommendation. Signed by U.S. District Judge Karen E. Schreier on 7/27/23. (SKM)
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| Filing 24 TEXT ORDER granting 23 Motion to Electronically File Documents in CM/ECF. The Clerks office shall give the pro se litigant access to electronically file documents in the CM/ECF system. The ability to e-file documents may be revoked anytime the Court deems it justified. Signed by U.S. District Judge Karen E. Schreier on 07/17/23. (MM) |
| Filing 23 MOTION to Electronically File Documents pursuant to e-filing registration request submitted through PACER. Pro se party Kevin L. Hughbanks will now begin receiving electronic notice of unsealed documents filed in this case, but must wait for a Court ruling regarding e-filing. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. (DJP) |
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Filing 22
ORDER denying #19 Petitioner's Motion for Appointment of Counsel and Extending the Tiem to File Objections to the Magistrate Judge's Report and Recommendation. Signed by U.S. District Judge Karen E. Schreier on 06/22/2023. cc: sent to Kevin Hughbanks at Glory House via USPS. (KLE)
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| Filing 21 Mail sent to Kevin L. Hughbanks was returned as undeliverable. #20 Report and Recommendations was returned. (CLR) (Main Document 21 replaced on 6/20/2023 to correct page rotation) (CLR). Modified on 6/21/2023 SD Dept. of Corrections website indicates Mr. Hughbanks has been released from custody. No forwarding address available. (CLR) |
| Filing 20 REPORT AND RECOMMENDATIONS re #8 MOTION to DISMISS WRIT OF HABEAS CORPUS, #1 Petition for Writ of Habeas Corpus (28:2254) Objections to R&R due by 6/23/2023. Signed by US Magistrate Judge Veronica L. Duffy on 6/9/2023. (Attachments: #1 Appendix)(PM) Modified on 6/9/2023 cc: sent to Kevin Hughbanks via USPS (KLE). Modified on 6/22/2023 sent to Glory House via USPS (KLE). |
| Filing 19 NOTICE of Change of Address to The Glory House by Kevin L. Hughbanks effective June 9, 2023 and MOTION to Appoint Counsel. (KLE) Modified on 6/6/2023 to change event type and add text (KLE). |
| Filing 18 RESPONSIVE BRIEF by Petitioner Kevin L. Hughbanks in OBJECTION re #8 MOTION to DISMISS WRIT OF HABEAS CORPUS (Attachments: #1 Cover Letter) (KLE) |
| Filing 17 TEXT ORDER granting #16 Motion to Extend time to file response to respondents' Motion to Dismiss. Mr. Hughbanks shall file his response no later than March 23, 2023. Signed by US Magistrate Judge Veronica L. Duffy on 2/21/2023. (PM) (mailed to plaintiff) Modified text on 2/23/2023 (TAL). |
| Filing 16 MOTION to Extend by Kevin L. Hughbanks. (CLR) |
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Filing 15
ORDER granting petitioner Hughbanks' #14 Motion to Extend the time for his response to respondents' Motion to Dismiss #8 . Mr. Hughbanks shall file his response no later than February 15, 2023. Signed by US Magistrate Judge Veronica L. Duffy on 1/23/23. (Duffy, Veronica) MAILED to Mr. Hughbanks on 1/24/2023 (SAC).
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| Filing 14 VERIFIED MOTION for Extension of Time to Respond re #8 MOTION to DISMISS WRIT OF HABEAS CORPUS by Kevin L. Hughbanks. (Attachments: #1 Attachment- Class Enrollment Daily Schedule) (KLE) Modified on 1/23/2023 MSB mailed copy of habeas (KLE). |
| Filing 13 TEXT ORDER granting #12 Motion for Extension of Time to respond re #12 MOTION for Extension of Time to File Reply re #8 MOTION to DISMISS WRIT OF HABEAS CORPUS Kevin L. Hughbanks response due 1/25/2023. Signed by US Magistrate Judge Veronica L. Duffy on 12/29/2022. (AW) Modified on 12/29/2022. Sent to Kavin Hughbanks via USPS (SKK). |
| Filing 12 MOTION for Extension of Time to Respond re #8 MOTION to DISMISS WRIT OF HABEAS CORPUS by Kevin L. Hughbanks. (MSB) |
| Filing 11 CERTIFICATE OF SERVICE by Kevin L. Hughbanks (KLE) |
| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Kevin L. Hughbanks (KLE) |
| Filing 9 MEMORANDUM in Support re #8 MOTION to DISMISS WRIT OF HABEAS CORPUS filed by Brent Fluke, South Dakota Board of Pardons & Paroles, Mark A. Vargo. (Attachments: #1 Attachment Agreement, #2 Attachment Letter, #3 Attachment Judgment, #4 Attachment Agreement, #5 Attachment Contract, #6 Attachment Summary, #7 Attachment Violation Report, #8 Attachment Notice, #9 Attachment Brief, #10 Attachment Notice, #11 Attachment Memorandum Opinion, #12 Attachment Notice, #13 Attachment Summary, #14 Attachment Petition, #15 Attachment E-mail, #16 Attachment Amended Judgment, #17 Attachment Certificate, #18 Attachment Brief, #19 Attachment Memorandum Opinion, #20 Attachment Judgment, #21 Attachment Motion, #22 Attachment Certificate, #23 Attachment Judgment, #24 Attachment Application, #25 Attachment Motion and Order, #26 Attachment Application, #27 Attachment Memorandum Opinion) (Thorne, Sarah) |
| Filing 8 MOTION to DISMISS WRIT OF HABEAS CORPUS by Brent Fluke, South Dakota Board of Pardons & Paroles, Mark A. Vargo. (Thorne, Sarah) |
| RECEIVED: Minnehaha County Crim. File 49C00005106A0, Lincoln County Crim. 41C06000619A0, Lincoln County Civ. 14-98, Lincoln County Civ. 19-742, LincolnCounty Civ. 20-395, Lincoln County Civ. 21-322, and South Dakota Supreme Court Cases 27345 and 28628. Copies of files placed on N Drive. (MWT) |
| Filing 7 TEXT ORDER granting #6 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Veronica L. Duffy on 11/4/2022. See #5 Order (SLT) Modified on 11/4/2022 delivered to Kevin L. Hughbanks via usps (SLT). |
| Filing 6 SEALED MOTION for Leave to Proceed in forma pauperis by Kevin L. Hughbanks. (Attachments: #1 Sealed Attachment) (SLT) |
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Filing 5
ORDER TO SHOW CAUSE AND FOR SERVICE granting #2 Motion to Seal Document. Signed by US Magistrate Judge Veronica L. Duffy on 11/4/2022. (SLT) Modified on 11/4/2022 delivered to Kevin L. Hughbanks via usps (SLT).
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| 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. (KLE) |
| Filing 3 PRISONER Trust Account Report. (KLE) |
| Filing 2 MOTION to Seal Document by Kevin L. Hughbanks. (Attachments: #1 Proposed Sealed Motion for IFP, #2 Proposed Sealed Attachment to Sealed Motion for IFP) (KLE) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254. (Attachments: #1 Attachments in support of petition) (KLE) (Main Document 1 replaced on 11/4/2022 to fix page rotation) (KLE). |
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