Patterson v. Bittinger et al
Petitioner: Joseph R. Patterson
Respondent: Teresa Bittinger and The Attorney General for the State of South Dakota
Case Number: 4:2024cv04014
Filed: January 23, 2024
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 2254 Petition for Writ of Habeas Corpus (State)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 12, 2024 Filing 13 AMENDED TEXT ORDER granting #11 Motion to Extend Deadlines. Petitioner may serve and file a responsive brief in opposition by 6/28/2024. Signed by US Magistrate Judge Veronica L. Duffy on 3/12/2024. (BH)
March 12, 2024 Filing 12 TEXT ORDER granting #11 Motion to Extend Deadlines. Petitioner may serve and file a reply brief by 6/28/2024. Signed by US Magistrate Judge Veronica L. Duffy on 3/12/2024. (BH)
March 12, 2024 Filing 11 MOTION to Extend Deadlines by Joseph R. Patterson. (Grey, Ellery) Modified to reopen per chambers on 3/12/2024 (SLW).
March 4, 2024 Filing 10 MOTION to DISMISS for Failure to State a Claim (Claims 2, 3 and 4) by Teresa Bittinger. (Swedlund, Paul)
March 4, 2024 Filing 9 MOTION to DISMISS for Failure to State a Claim (Claim 1) by Teresa Bittinger. (Attachments: #1 Attachment Findings of Fact) (Swedlund, Paul)
February 23, 2024 Filing 8 TEXT ORDER granting #7 Motion to Extend Deadlines. Petitioner may serve and file a reply brief by 4/29/2024. Signed by US Magistrate Judge Veronica L. Duffy on 2/23/2024. (BH)
February 22, 2024 Filing 7 MOTION to Extend Deadlines by Joseph R. Patterson. (Grey, Ellery)
February 20, 2024 US Magistrate Judge Veronica L. Duffy added. U.S. District Judge Karen E. Schreier no longer assigned to case. (SLW)
February 19, 2024 Filing 6 ORAL ORDER: The Court has been advised by the Clerk of Court that the parties consented to permit a United States Magistrate Judge to exercise jurisdiction to resolve this case. Thus, it is ORDERD that under 28 U.S.C. 636(c)(1) the case is assigned to United States Magistrate Judge Veronica Duffy to conduct all proceedings and to enter judgment. Signed by U.S. District Judge Karen E. Schreier on 02/19/2024. (MWT)
February 19, 2024 Filing 5 CONSENT to Jurisdiction by US Magistrate Judge by Teresa Bittinger, Joseph R. Patterson. (MWT)
February 8, 2024 Filing 4 RESPONSE to #1 Petition for Writ of Habeas Corpus (28:2254), by Teresa Bittinger. (Attachments: #1 Exhibit Judgment and Sentence, #2 Exhibit Judgment) (Swedlund, Paul)
February 8, 2024 Filing 3 NOTICE of Appearance by Paul S. Swedlund on behalf of Teresa Bittinger. (Swedlund, Paul)
January 26, 2024 RECEIVED: Lincoln County cases 13-598 and 18-672 South Dakota Supreme Court cases 27736 and 30460. Placed on Clerk of Courts N drive. (MWT)
January 24, 2024 Opinion or Order Filing 2 ORDER FOR SERVICE. Signed by US Magistrate Judge Veronica L. Duffy on 1/24/2024. (CLR)
January 24, 2024 NOTICE of Filing Error: Clerks Notice of Rule 73,, was filed in error and should be disregarded. (CLR)
January 24, 2024 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. (CLR)
January 24, 2024 (FILED IN ERROR) 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. (CLR) Modified on 1/24/2024 (CLR).
January 23, 2024 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 ($5 fee paid, receipt# ASDDC-4204963) filed by Joseph R. Patterson. (Attachments: #1 Attachment JOC, #2 Attachment Amended Order Denying Motion for Certificate of Probable Cause, #3 Attachment Supreme Court Order Denying Motion for Certificate of Probable Cause) (SLT)

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Petitioner: Joseph R. Patterson
Represented By: Ellery R. Grey
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Respondent: Teresa Bittinger
Represented By: Paul S. Swedlund
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Respondent: The Attorney General for the State of South Dakota
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