McPeek v. Fluke et al
Petitioner: Travis R. McPeek
Respondent: Brent Fluke and Attorney General
Case Number: 4:2023cv04199
Filed: November 27, 2023
Court: US District Court for the District of South Dakota
Presiding Judge: Roberto A Lange
Nature of Suit: Prisoner Petitions: Habeas Corpus - General
Cause of Action: 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2024 Opinion or Order Filing 11 ORDER GRANTING PETITIONER'S MOTION FOR EXTENSION OF TIME. Signed by Chief Judge Roberto A. Lange on 1/23/2024. (SAC) MAILED to Mr. McPeek on 1/23/2024 (SAC).
January 22, 2024 Filing 10 MOTION FOR AN EXTENSION OF TIME by Travis R. McPeek. (SAC)
January 2, 2024 Filing 9 MEMORANDUM in Support re #8 MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c); and Request for Judicial Notice of State Court Records Under Fed. R. Evid. 201 and Response to Petition for Writ of Habeas Corpus Under 28 U.S.C. 2254 filed by Attorney General, Brent Fluke. (Templar, Matthew)
January 2, 2024 Filing 8 MOTION for Judgment on the Pleadings Under Fed. R. Civ. P. 12(c); and Request for Judicial Notice of State Court Records Under Fed. R. Evid. 201 by Attorney General, Brent Fluke. (Templar, Matthew)
January 2, 2024 Filing 7 RESPONSE to #1 Petition for Writ of Habeas Corpus (28:2254) filed by Attorney General, Brent Fluke. (Attachments: #1 Attachment Brief, #2 Attachment Brief, #3 Attachment Reply Brief) (Templar, Matthew)
December 13, 2023 Opinion or Order Filing 6 ORDER granting #5 Motion for Leave to File Excess Pages. Signed by Chief Judge Roberto A. Lange on 12/13/23. Sent to Travis R. McPeek via USPS (SKK)
December 12, 2023 Filing 5 MOTION for Leave to File Excess Pages by Attorney General, Brent Fluke. (Templar, Matthew)
December 7, 2023 RECEIVED Bon Homme County cases CR16-50 and CIV 19-7 along with SD Supreme Court cases 28364, 28464, 29455, and 30175. Placed on Clerk of Courts N drive. (SLW)
December 5, 2023 Filing 4 NOTICE of Appearance by Matthew W. Templar on behalf of Attorney General, Brent Fluke. (Templar, Matthew)
December 4, 2023 Opinion or Order Filing 3 ORDER DIRECTING SERVICE AND REQUIRING RESPONSE. Signed by Chief Judge Roberto A. Lange on 12/4/23. Sent to 2254 service group with Petition, Notice of Rule 73 docket entry and AO 85 via Email and to Travis McPeek with Notice of Rule 73 and AO 85 via USPS(SKK)
December 4, 2023 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. (SKK)
November 27, 2023 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 together with the filing fee. A new case has opened. Copy of docket sheet 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. (ARW)
November 27, 2023 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 ($5.00 fee paid, receipt# 400002709) filed by Travis R. McPeek. (Attachments: #1 Attachment) (ARW)

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Petitioner: Travis R. McPeek
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Respondent: Brent Fluke
Represented By: Matthew W. Templar
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Respondent: Attorney General
Represented By: Matthew W. Templar
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