Newman v. Fluke et al
| Charles Westley Newman |
| Brent Fluke, Gordon Swanson, Myron Rau and The Attorney General of the State of South Dakota |
| 4:2022cv04158 |
| November 10, 2022 |
| US District Court for the District of South Dakota |
| Veronica L Duffy |
| Mark A Moreno |
| 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 December 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 17 MOTION for Enlargement of Time by Charles Westley Newman re #4 ORDER TO SHOW CAUSE AND FOR SERVICE. (MSB) |
Filing 16
ORDER OF RECUSAL. US Magistrate Judge Veronica L. Duffy recused. Signed by US Magistrate Judge Veronica L. Duffy on 12/12/2022. (MSB) Sent to Movant via USPS on 12/12/2022 (MSB).
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Filing 15
ORDER of USCA directing appellant to either pay the $505 appellate filing and docketing fee or move for IFP by 12/30/22 as to #10 Notice of Appeal - Interlocutory filed by Charles Westley Newman. (TAL)
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| Filing 14 USCA Case Number for #10 Notice of Appeal - Interlocutory filed by Charles Westley Newman. USCA Case Number: 22-3559. (TAL) |
| Filing 13 TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re #10 Notice of Appeal - Interlocutory. (DJP) |
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Filing 12
ORDER denying #11 Motion for Certificate of Appealability. Signed by U.S. District Judge Karen E. Schreier on 12/9/2022. Mailed copy to Petitioner on 12/9/2022 (DJP)
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| Filing 11 MOTION for Certificate of Appealability by Charles Westley Newman. (DJP) |
| Filing 10 NOTICE OF INTERLOCUTORY APPEAL as to #4 Order to Show Cause by Charles Westley Newman.. (DJP) |
| Filing 9 RESPONSE to #4 Order to Show Cause filed by Charles Westley Newman. (Attachments: #1 Exhibits) (DJP) |
| Filing 8 RESPONSE to #4 Order to Show Cause filed by Brent Fluke, Myron Rau, Gordon Swanson, The Attorney General of the State of South Dakota. (Attachments: #1 Attachment Indictment, #2 Attachment Superseding Indictment, #3 Attachment Judgment, #4 Attachment Order, #5 Attachment Judgment, #6 Attachment Notice, #7 Attachment Brief, #8 Attachment Order, #9 Attachment Directive, #10 Attachment Notice, #11 Attachment Notice, #12 Attachment Findings, #13 Attachment Notice, #14 Attachment UJS Search, #15 Attachment Letter, #16 Attachment Order, #17 Attachment Transcript) (Templar, Matthew) |
| Filing 7 NOTICE of Appearance by Matthew W. Templar on behalf of Brent Fluke, Myron Rau, Gordon Swanson, The Attorney General of the State of South Dakota. (Templar, Matthew) |
| RECEIVED Beadle County Criminal Case 15-246, civil case 22-189, and SD Supreme Court case 27881. Placed in Clerk's N drive. (SLW) |
| Filing 6 PRISONER Trust Account Report. (MSB) |
| Filing 5 SUPPLEMENT re #2 MOTION for Release by Petitioner Charles Westley Newman. (MSB) |
| Filing Fee Received from Charles Westley Newman. Fee Amount: $5.00, Receipt No.: #300000144. (MSB) |
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Filing 4
ORDER TO SHOW CAUSE AND FOR SERVICE. Signed by US Magistrate Judge Veronica L. Duffy on 11/15/2022. Mailed to Charles Newman via USPS.(VMM) Modified on 11/15/2022 Mailed to Petitioner and 2254 Email Service Groups (VMM).
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| CLERK'S NOTICE: Fed. R. Civ. P. 73 requires that all parties be notified of the opportunity to consent to have a magistrate judge conduct all proceedings in civil cases. All parties must return the signed AO85 form to the Clerk's Office before the case is reassigned to a magistrate judge. DO NOT electronically file or return the signed form to the District Judge. The AO85 form can be found by clicking here: #National Forms: https://www.uscourts.gov/services-forms/forms. (VMM) Modified on 11/15/2022 Mailed Notice and Blank AO 85 form to Petitioner. Emailed Notice, Blank AO 85 form, Petition, and Complaint filed in 22-4155 to 2254 Email Service Groups (VMM) |
| 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. 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) |
| Filing 2 MOTION for Release by Charles Westley Newman. No Exhibits provided. (MSB) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254. Opened as 2254 Petition per Pro Se Law Clerk. (MSB) |
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