Carter v. United States of America
| Matthew Carter |
| United States of America |
| 4:2023cv04007 |
| January 13, 2023 |
| US District Court for the District of South Dakota |
| Veronica L Duffy |
| Karen E Schreier |
| Prisoner Petitions: Habeas Corpus - Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 TEXT ORDER granting #19 Motion to Extend Time to File a Response. The government must file a response by or on March 27, 2023. Signed by US Magistrate Judge Veronica L. Duffy on 3/1/2023. (AW) Modified on 3/1/2023 cc: sent to Matthew Carter via USPS (KLE). |
| Filing 19 MOTION to Extend Time to File Response by United States of America. (Kelderman, Eric) |
Filing 18
ORDER granting Carter's #15 Motion to Seal Existing Document Fiksdal affidavit [Docket 13]. Although the court is granting Mr. Carter's motion to seal, the affidavit will be considered in ruling on Mr. Carter's 2255 motion because Mr. Carter waived the attorney-client privilege as to all claims of ineffective assistance of counsel [see Docket 12]. Signed by US Magistrate Judge Veronica L. Duffy on 3/1/23. (Duffy, Veronica) Modified on 3/1/2023 cc: sent to Matthew Carter via USPS (KLE).
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| Filing 17 CERTIFICATE OF SERVICE by Matthew Carter (JLS) |
| Filing 16 AFFIDAVIT of Matthew Carter. (Attachments: #1 Evidence) (JLS) |
| Filing 15 MOTION to Seal Existing Document #13 Affidavit by Matthew Carter. (Attachments: #1 Cover Page - Letter to Clerk of Courts) (JLS) |
| Filing 14 MOTION for return of property and suppression of evidence by Matthew Carter. (JLS) |
| Filing 13 AFFIDAVIT of Melissa Fiksdal . (Attachments: #1 Certificate of Service) (Kelderman, Eric) |
| Filing 12 Attorney-Client Privilege Waiver by Matthew Carter. (JLS) |
| Filing 11 SUPPLEMENT (Partial Evidence) by Plaintiff Matthew Carter re #1 Motion to Vacate/Set Aside/Correct Sentence (2255). (JLS) |
| Filing 10 AFFIDAVIT of Matthew Carter. (JLS) |
| Filing 9 MOTION to Appoint Counsel by Matthew Carter. (JLS) |
| Filing 8 MOTION for mistrial by Matthew Carter. (Attachments: #1 Cover Letter) (JLS) |
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Filing 7
ORDER granting #5 Motion for Extension of Time to Answer and Order Directing Former Defense Counsel to File Responsive Affidavit. Signed by US Magistrate Judge Veronica L. Duffy on 1/20/2023. (Attachments: #1 Waiver) (PM) Mailed to Matthew Carter on 1/23/2023. (CLR)
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| Filing 6 MEMORANDUM in Support re #5 MOTION for Extension of Time to File Answer and Order Directing Affidavit filed by United States of America. (Kelderman, Eric) |
| Filing 5 MOTION for Extension of Time to File Answer and Order Directing Affidavit by United States of America. (Kelderman, Eric) |
| Filing 4 NOTICE of Appearance by Eric D. Kelderman on behalf of United States of America. (Kelderman, Eric) |
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Filing 3
ORDER FOR SERVICE. Signed by US Magistrate Judge Veronica L. Duffy on 1/17/2023. (Mailed to Matthew Carter)(JLS)
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| Filing 2 NOTICE TO PLAINTIFF: The Clerks Office has received your Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255. A new case has been opened. Copy of docket sheet sent to plaintiff. 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. (JLS) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28:2255 Criminal Case No.: 4:21-cr-40073-01. (JLS) |
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| Plaintiff: Matthew Carter | |
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| Respondent: United States of America | |
| Represented By: | Kevin Koliner |
| Represented By: | Eric D. Kelderman |
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