Abdo v. South Dakota State Penitentiary et al
| John David Abdo, Jr. |
| South Dakota State Penitentiary, The Attorney General for the State of South Dakota and Teresa Bittinger |
| 4:2023cv04194 |
| September 27, 2023 |
| US District Court for the District of South Dakota |
| Veronica L Duffy |
| Lawrence L Piersol |
| Contract: Insurance |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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| RECEIVED: Charles Mix County Criminal File 16-07, Civil File 18-77 and South Dakota Supreme Court Files 28250 and 28251. Copies of File located in Court's N drive. |
| Filing 9 MEMORANDUM in Support re #7 MOTION to DISMISS on the Pleadings Under FED. R. CIV. P. 12(C) filed by Teresa Bittinger, South Dakota State Penitentiary, The Attorney General for the State of South Dakota. (Attachments: #1 Attachment Judgment of Conviction, #2 Attachment Judgment of Conviction, #3 Attachment Judgment, #4 Attachment Judgment, #5 Attachment Application, #6 Attachment Order to Dismiss) (Thorne, Sarah) |
| Filing 8 (FILED IN ERROR) MEMORANDUM in Support re #7 MOTION to DISMISS on the Pleadings Under FED. R. CIV. P. 12(C) filed by Teresa Bittinger, South Dakota State Penitentiary, The Attorney General for the State of South Dakota. (Thorne, Sarah) Modified on 11/7/2023 (SAC). |
| Filing 7 MOTION to DISMISS on the Pleadings Under FED. R. CIV. P. 12(C) by Teresa Bittinger, South Dakota State Penitentiary, The Attorney General for the State of South Dakota. (Thorne, Sarah) |
Filing 6
ORDER REQUIRING PETITIONER TO PAY FILING FEE OR MOVE TO PROCEED IN FORMA PAUPERIS. Signed by U.S. District Judge Lawrence L. Piersol on 11/6/2023. Delivered to John David Abdo, Jr. via usps with motion to proceed ifp and ptar.(SLT) Modified on 11/7/2023 (SLT).
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| NOTICE of Filing Error: #8 Memorandum in Support of Motion was filed in error and should be disregarded. (Thorne, Sarah) |
| 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. (SAC) |
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Filing 5
ORDER TO SHOW CAUSE AND FOR SERVICE. Signed by US Magistrate Judge Veronica L. Duffy on 10/10/2023. (AW) MAILED copy of Order, blank AO 85 form and copy of Clerk's Notice of Rule 73 to Mr. Abdo on 10/11/2023 EMAILED a copy of #1 , #4 , Clerk's Notice of Rule 73 and blank AO85 to 2254 service agreement group (SAC).
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| Filing 4 AMENDED PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by John David Abdo, Jr. (KLE) |
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Filing 3
ORDER to petitioner John Abdo, Jr. requiring him to file an amended habeas petition. Mr. Abdo has filed a habeas petition pursuant to 28 U.S.C. 2254, but he has not named a respondent. The respondent in a habeas file is usually the warden or other custodian having custody of the petitioner. Mr. Abdo must file an amended habeas petition naming a respondent within 14 days from today's date. Failure by Mr. Abdo to amend his petition and tell the court who he is suing may result in dismissal of Mr. Abdo's petition. Signed by US Magistrate Judge Veronica L. Duffy on 9/27/23. (Duffy, Veronica) MAILED to Mr. Abdo on 9/27/2023 (SAC).
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| 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. (SLT) |
| Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by John David Abdo, Jr. (SLT) |
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