Burns v. Deaton
Plaintiff: Terry Burns
Defendant: Warden Deaton
Case Number: 4:2023cv04013
Filed: January 23, 2023
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. ยง 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2023 Opinion or Order Filing 12 ORDER notifying petitioner Terry Joe Burns that if he wishes to respond to respondent's pleadings filed March 3, 2023, then in such case Mr. Burns must file his written response with the court on or before March 27, 2023. Signed by US Magistrate Judge Veronica L. Duffy on 3/8/23. (Duffy, Veronica) Sent to Petitioner via USPS on 3/8/2023 (MSB).
March 3, 2023 Filing 11 DECLARATION of S. THYGESON re #10 Response to Order to Show Cause . (Attachments: #1 Exhibit A - Public Information Inmate Data, #2 Exhibit B - FSA Time Credit Assessment) (Hogden, Aron)
March 3, 2023 Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Warden Deaton (Hogden, Aron)
February 17, 2023 Filing 9 RETURN OF SERVICE Executed upon U.S. Attorney General on 2/11/2023. (CLR)
February 17, 2023 Filing 8 Notice of Withdrawal and Substitution of Attorney as to Warden Deaton. Attorney Aron Hogden added. Attorney Civil United States Attorney terminated. (Hogden, Aron)
February 16, 2023 Filing 7 Certified Mail Receipt for Director - Federal Bureau of Prisons. (CLR)
February 10, 2023 Opinion or Order Filing 6 ORDER. Signed by US Magistrate Judge Veronica L. Duffy on 2/10/2023. (CLR)
February 10, 2023 Filing 5 PETITION for Writ of Habeas Corpus Under 28 U.S.C. 2241 (on proper form) by Plaintiff Terry Burns. (CLR)
February 10, 2023 Filing Fee Received from Terry Burns. Fee Amount: $5.00, Receipt No.: #400001362. (CLR)
February 10, 2023 TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #5 Petition for Writ of Habeas Corpus, #3 Supplement, #1 Petition for Writ of Habeas Corpus (28:2241), and #6 Order on the Respondent and the following: - United States Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001, via certified mail, return receipt requested; - Director, Federal Bureau of Prisons,320 First St., NW, Washington, DC 20534, via certified mail, return receipt requested; - Diana Ryan, Assistant United States Attorney for the District of South Dakota, Civil Division, via electronic delivery. (CLR)
February 6, 2023 Opinion or Order Filing 4 ORDER to petitioner Burns: the clerk's office sent you a blank 2241 habeas petition form on January 23, 2023. If you wish the court to consider your 2241 petition, you must fill this form out and file it with the court. BE ADVISED THAT FAILURE TO FILL OUT THE 2241 FORM AND RETURN IT TO THE COURT MAY RESULT IN DISMISSAL OF YOUR CASE. Signed by US Magistrate Judge Veronica L. Duffy on 2/6/23. (Duffy, Veronica) Sent to Plaintiff via USPS on 2/6/2023 (MSB).
February 6, 2023 Filing 3 SUPPLEMENT by Plaintiff Terry Burns re #1 Petition for Writ of Habeas Corpus (28:2241). (CLR)
January 23, 2023 Filing 2 NOTICE TO PETITIONER: The Clerks Office has received your Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241. 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, Prisoner Trust Account form, and 2241 packet 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. (CLR)
January 23, 2023 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241. (Attachments: #1 Miscellaneous Documents, #2 Letter to Judge) (CLR)

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Plaintiff: Terry Burns
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Defendant: Warden Deaton
Represented By: Aron Hogden
Represented By: Civil United States Attorney
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