McKinney v. FPC Yankton et al
Petitioner: Brad McKinney
Respondent: FPC Yankton, Officer C. Wells, Visor and Case Manager Kortan
Case Number: 4:2023cv04188
Filed: November 9, 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. § 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 22, 2023 Filing 15 ANSWER to Complaint by FPC Yankton, Kortan, Visor, C. Wells. (Bengford, Stephanie)
December 22, 2023 Filing 14 DECLARATION of Zachery Kortan re #11 MOTION for SUMMARY JUDGMENT . (Attachments: #1 Exhibit Inmate Discipline Program, #2 Exhibit Public Info Inmate Data, #3 Exhibit Inmate Discipline Data, #4 Exhibit Incident Report, #5 Exhibit Inmate Rights at Discipline Hearing, #6 Exhibit Notice of Discipline Hearing, #7 Exhibit Discipline Hearing Officer Report, #8 Exhibit Photo Sheet, #9 Exhibit Photo Sheet, #10 Exhibit Regional Admin Remedy Appeal, #11 Exhibit Central Office Admin Remedy Appeal) (Bengford, Stephanie)
December 22, 2023 Filing 13 STATEMENT OF UNDISPUTED MATERIAL FACTS re #11 Motion for Summary Judgment by Respondents FPC Yankton, Kortan, Visor, C. Wells (Bengford, Stephanie)
December 22, 2023 Filing 12 MEMORANDUM in Support re #11 MOTION for SUMMARY JUDGMENT filed by FPC Yankton, Kortan, Visor, C. Wells. (Bengford, Stephanie)
December 22, 2023 Filing 11 MOTION for SUMMARY JUDGMENT by FPC Yankton, Kortan, Visor, C. Wells. (Bengford, Stephanie)
December 21, 2023 Filing 10 TEXT ORDER granting respondents' #9 SECOND MOTION for an Extension of Time to Answer or Otherwise Respond. Respondents shall file a response to the petition on or before December 22, 2023. Mr. McKinney shall have 21 days thereafter to respond to the respondents' response. Signed by US Magistrate Judge Veronica L. Duffy on 12/21/2023. Signed by US Magistrate Judge Veronica L. Duffy on 12/21/2023. (BH) Sent to Petitioner via USPS (MSB).
December 21, 2023 Filing 9 Second MOTION for Extension of Time to File Answer by FPC Yankton, Kortan, Visor, C. Wells. (Bengford, Stephanie)
November 29, 2023 Opinion or Order Filing 8 ORDER granting respondent's #7 MOTION to Extend Deadlines for time to answer or otherwise respond. Respondent shall file a response to the petition on or before December 21, 2023. Mr. McKinney shall have 21 days thereafter to respond to the respondent's pleading. Signed by US Magistrate Judge Veronica L. Duffy on 11/29/23. (Duffy, Veronica) Mailed to Petitioner on 11/30/2023 (DJP).
November 29, 2023 Filing 7 MOTION to Extend Deadlines for time to answer or otherwise respond by FPC Yankton, Kortan, Visor, C. Wells. (Bengford, Stephanie)
November 20, 2023 Filing 6 CERTIFIED MAIL RETURN re: Director, Federal Bureau of Prisons. (SLT)
November 14, 2023 Filing 5 NOTICE of Appearance by Stephanie C. Bengford on behalf of FPC Yankton, Kortan, Visor, C. Wells. (Bengford, Stephanie)
November 14, 2023 Filing 4 (FILED IN ERROR) NOTICE of Appearance by Stephanie C. Bengford on behalf of All Plaintiffs. (Bengford, Stephanie) Modified on 11/14/2023 (DJP).
November 14, 2023 NOTICE of Filing Error: #4 Notice of Appearance was filed in error and should be disregarded. (Bengford, Stephanie)
November 14, 2023 Filing Fee Received from Brad McKinney. Fee Amount: $5.00, Receipt No.: #500000549. (JLS)
November 9, 2023 Opinion or Order Filing 3 ORDER DIRECTING SERVICE re #1 Petition for Writ of Habeas Corpus (28:2241) filed by Brad McKinney. Signed by US Magistrate Judge Veronica L. Duffy on 11/09/2023. Sent to petitioner via USPS.(MSB)
November 9, 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, and Prisoner Trust Account form sent to petitioner. (MSB) 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.
November 9, 2023 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2241 filed by Brad McKinney. (Attachments: #1 Attachments A-D: BOP Documents and Letters) (MSB)
November 9, 2023 TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #1 Petition for Writ of Habeas Corpus (28:2241), #3 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. (MSB)

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Search for this case: McKinney v. FPC Yankton et al
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Petitioner: Brad McKinney
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Respondent: FPC Yankton
Represented By: Stephanie C. Bengford
Represented By: Civil United States Attorney
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Respondent: Officer C. Wells
Represented By: Stephanie C. Bengford
Represented By: Civil United States Attorney
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Respondent: Visor
Represented By: Stephanie C. Bengford
Represented By: Civil United States Attorney
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Respondent: Case Manager Kortan
Represented By: Stephanie C. Bengford
Represented By: Civil United States Attorney
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