Krumback
| Warden Brent Fluke and Attorney General of the State of South Dakota |
| Jason Krumback |
| 4:2023cv04155 |
| October 5, 2023 |
| US District Court for the District of South Dakota |
| Southern Division Office |
| 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
RSS Track this Docket
This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 35 SUPPLEMENT by Petitioner Jason Krumback re #34 MOTION for Preliminary Injunction. (CLR) |
| Filing 34 MOTION for Injunction Relief by Jason Krumback. (SLT) |
| Filing 33 AMENDMENT TO DECLARATION OF JUDGMENT by Jason Krumback. (SLT) |
| Filing 32 REPLY to #28 Response, filed by Jason Krumback. (SLT) |
Filing 31
ORDER denying petitioner Jason Krumback's #30 Motion for Preliminary Injunction. Mr. Krumback states the reason he filed this motion was because he wants to serve Mr. Brent Fluke, Warden at the Mike Durfee State Prison, with Mr. Krumback's amended petition. Mr. Krumback's amended petition was already served on Mr. Fluke by virtue of that amended petition having been filed in the court's electronic docketing system. Mr. Fluke's attorney received electronic notice of the filing of the amended petition as well as the amended petition itself. Nothing more needs to be done by Mr. Krumback to effectuate service of the amended petition. Signed by US Magistrate Judge Veronica L. Duffy on 11/17/23. (Duffy, Veronica) Modified on 11/17/2023 cc: sent to Jason Krumback via USPS (KLE).
|
| Filing 30 MOTION for Injunction Relief by Jason Krumback. (SLT) |
| Filing 29 MOTION for Order to Show Cause by Jason Krumback. (Attachments: #1 Attachment) (SLT) |
| Filing 28 RESPONSE to #10 Order to Show Cause filed by Attorney General of the State of South Dakota, Brent Fluke. (Attachments: #1 Exhibit Criminal History, #2 Exhibit Case Summary, #3 Exhibit Case Summary, #4 Exhibit Case Summary, #5 Exhibit Case Summary) (Templar, Matthew) |
| Filing 27 [FILED IN ERROR] RESPONSE to #10 Order to Show Cause filed by Attorney General of the State of South Dakota, Brent Fluke. (Templar, Matthew) Modified on 11/16/2023 (CLR). |
| NOTICE of Filing Error: #27 Response was filed in error and should be disregarded. (Templar, Matthew) |
| RECEIVED: Minnehaha Files: 49TPO21-1113; 49CRI21-5588; 49CRI21-5613; 49CRI21-5730; 49CRI21-5760; 49CRI215767; 49CRI21-8125; 49CRI22-575; 49CRI22-3305; 49CRI22-3641; 49CRI22-8407; 49CRI23-5835. Copies of files placed on N Drive. (MWT) |
|
Filing 26
ORDER denying Mr. Krumback's #22 Motion production of documents. Requests for discovery must be directed to the opposing party, not the court, in the first instance. In addition, the court has issued an order to show cause regarding a procedural aspect of Mr. Krumback's case. The court will not be considering the merits of any of Mr. Krumback's claims (or granting discovery on the merits of any of those claims) until the court is first satisfied that Mr. Krumback's claims are procedurally appropriate for the court to address. Signed by US Magistrate Judge Veronica L. Duffy on 11/8/23. (Duffy, Veronica) Modified on 11/8/2023 mailed to Jason Krumback. (CLR)
|
|
Filing 25
ORDER denying #21 Motion for Reconsideration re #11 Order on Motion to Appoint Counsel filed by Jason Krumback. The court has not yet determined whether any of Mr. Krumback's claims necessitate the holding of an evidentiary hearing. The motion to reconsider appointment of counsel is denied for the same reasons stated in the court's prior order at Docket No. 11. Signed by US Magistrate Judge Veronica L. Duffy on 11/8/23. (Duffy, Veronica) Modified on 11/8/2023 mailed to Jason Krumback. (CLR)
|
|
Filing 24
ORDER denying Mr. Krumback's #19 Motion to Appoint Counsel. The motion is denied for the same reasons as stated in the court's previous opinion at Docket No. 11. Signed by US Magistrate Judge Veronica L. Duffy on 11/8/23. (Duffy, Veronica) Modified on 11/8/2023 mailed to Jason Krumback. (CLR)
|
| Filing 23 CERTIFICATE OF SERVICE by Jason Krumback re #21 MOTION for Reconsideration re #11 Order on Motion to Appoint Counsel, #22 MOTION, #20 Notice, #19 MOTION to Appoint Counsel (SLT) |
| Filing 22 MOTION re request for production of documents by Jason Krumback. (SLT) |
| Filing 21 MOTION for Reconsideration re #11 Order on Motion to Appoint Counsel by Jason Krumback. (SLT) |
| Filing 20 NOTICE regarding service by Jason Krumback. (SLT) |
| Filing 19 MOTION to Appoint Counsel by Jason Krumback. (SLT) |
| Filing 18 AMENDED PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by Jason Krumback. (CLR) |
| Filing 17 NOTICE of Appearance by Matthew W. Templar on behalf of Attorney General of the State of South Dakota, Brent Fluke. (Templar, Matthew) |
|
Filing 16
ORDER granting petitioner's #14 Motion to Amend/Correct his 2254 habeas petition. The amended petition must be on file with the court and served on respondents no later than November 27, 2023. Mr. Krumback is reminded that he must file a response to the court's order to show cause by November 27, 2023, as well. Signed by US Magistrate Judge Veronica L. Duffy on 11/1/23. (Duffy, Veronica) Modified on 11/1/2023 cc: sent to Jason Krumback via USPS (KLE).
|
|
Filing 15
ORDER granting petitioner's #12 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Veronica L. Duffy on 11/1/23. (Duffy, Veronica) Modified on 11/1/2023 cc: sent to Jason Krumback via USPS (KLE).
|
| Filing 14 MOTION to Amend/Correct #6 Petition for Writ of Habeas Corpus (28:2254) by Jason Krumback. (SLT) |
| Filing 13 PRISONER Trust Account Report. (SLT) |
| Filing 12 MOTION for Leave to Proceed in forma pauperis by Jason Krumback. (SLT) |
|
Filing 11
ORDER denying petitioner Jason Krumback's #4 Motion to Appoint Counsel. Signed by US Magistrate Judge Veronica L. Duffy on 10/24/23. (Duffy, Veronica) Modified on 10/24/2023 mailed to Petitioner. (CLR)
|
|
Filing 10
ORDER TO SHOW CAUSE AND FOR SERVICE. Signed by US Magistrate Judge Veronica L. Duffy on 10/24/2023. Mailed to Jason Arthur Krumback via usps and delivered to Mike Durfee State Prison email list per services agreement.(SLT)
|
| 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. (SLT) Modified on 10/24/2023 delivered to Jason Krumback via usps and Mike Durfee State Prison emails via service agreement(SLT). |
| Filing 9 MEMORANDUM OF LAW by Petitioner Jason Krumback. (Attachments: #1 Miscellaneous Documents) (CLR) |
| Filing 8 MOTION for Judgment for Declaratory Judgment by Jason Krumback. (CLR) |
| Filing 7 MOTION to Leave by Jason Krumback. (CLR) |
| Filing 6 AMENDED PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by Jason Krumback. (CLR) |
| Filing 5 LETTER Received from Jason Krumback to United States District Court. (SLT) |
| Filing 4 MOTION to Appoint Counsel by Jason Krumback. (SLT) |
| NOTICE of Change of Address by Jason Krumback:#47082 MIKE DURFEE STATE PRISON 1412 Wood StreetSpringfield, SD 57062. Address updated per phone call from Petitioner. (SLT) |
|
Filing 3
ORDER: the clerks office is directed to send Mr. Krumback a form habeas petition for habeas petitions pursuant to 28 USC 2254. Mr. Krumback is directed to fill the form out and return it to the clerk of courts office within 14 days from today's date. Signed by US Magistrate Judge Veronica L. Duffy on 10/5/23. (Duffy, Veronica) Modified on 10/5/2023 mailed to Mr. Krumback with 2254 Packet. (CLR)
|
| 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. Pursuant to the E-Government Act and D.S.D. Civ. LR 5.2, you must redact personal identifiers from documents submitted to the Court. The Clerks Office will not review for compliance. 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) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by Jason Krumback. (CLR) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Dakota District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
