Carter v. State of South Dakota
| Matthew Carter |
| State of South Dakota |
| 4:2024cv04208 |
| November 7, 2024 |
| U.S. District Court for the District of South Dakota |
| Veronica L Duffy |
| Roberto A Lange |
| Prisoner Petitions: Habeas Corpus - General |
| 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 February 26, 2025. A more recent docket listing may be available from PACER.
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Filing 16
BRIEF IN OPPOSITION OF DEFENDANT'S RESPONSES AND MOTION for SUMMARY JUDGMENT by Matthew Carter. (SAC) Modified docket text on 12/26/2024 (SAC).
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Filing 15
MOTION for Immediate Release from State Custody by Matthew Carter. (SKK)
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Filing 14
MOTION to DISMISS State Court Case by Matthew Carter. (SKK)
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Filing 13
MOTION for Judgment of Acquittal and the Issuance of Certificate of Acquittal to the Plaintiff by Matthew Carter. (SKK)
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Filing 12
RESPONSE TO ORDER TO SHOW CAUSE by State of South Dakota (Attachments: #1 Attachment eCourts Printout, #2 Attachment Chart of Claims) (Templar, Matthew)
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Filing Fee Received from Matthew Carter. Fee Amount: $5.00, Receipt No.: #400004193. (ARW)
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RECEIVED Yankton County case CR21-16 along with SD Supreme Court Files 30048, 30049, and 30785. Files are on Clerk of Courts N drive. (SLW)
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Filing 11
NOTICE to Petitioner Matthew Carter: The clerk of courts office sent you notice on November 7, 2024 (Docket No. 4) that your case could not proceed until you either paid the filing fee or submitted a request to proceed in forma pauperis (IFP) together with a prisoner trust account report. To date, you have done neither. Be advised that if you do not pay the filing fee or request IFP status with supporting report prior to close of business on December 2, 2024, your case will be dismissed without prejudice. Signed by US Magistrate Judge Veronica L. Duffy on 11/21/24. (Duffy, Veronica) Modified: Mailed to Carter on 11/22/2024 (JLS).
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Filing 10
NOTICE Withholding Consent to Magistrate Judge by Matthew Carter. (ARW)
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Filing 9
RESPONSE TO ORDER TO SHOW CAUSE by Matthew Carter (Attachments: #1 Exhibit 1 - 3, #2 Cover letter) (ARW)
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Filing 8
MOTION for 90-day extension of time to respond to any and all responses necessary by Matthew Carter. (ARW)
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Filing 7
NOTICE of Appearance by Matthew W. Templar on behalf of State of South Dakota. (Templar, Matthew)
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Filing 6
ORDER TO SHOW CAUSE AND FOR SERVICE. Show Cause Response due by 12/9/2024. Signed by US Magistrate Judge Veronica L. Duffy on 11/8/24. Sent to Plaintiff via USPS and 2254 Service group via email with Clerk's Notice of Rule 73 docket entry and AO 85(SKK)
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Filing 5
ORDER denying petitioner Matthew Carter's omnibus #3 Motion to Extend Deadlines. The court will entertain individualized motions for extra response time tied to the facts of the motion for which a response is required. The court will not grant a blanket order extending petitioner's response time by 90 days to every motion or order to which a response is required. Currently, Mr. Carter has until December 9, 2024, to show cause that he has exhausted all 28 of his claims contained in his habeas petition in the state courts of the state of South Dakota. Signed by US Magistrate Judge Veronica L. Duffy on 11/8/24. (Duffy, Veronica) Modified: Mailed to Matthew Carter on 11/8/2024 (JLS).
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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)
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Filing 4
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. (SAC)
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Filing 3
MOTION for 90 day extension of time to respond to any and all responses necessary by Matthew Carter. (SAC)
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Filing 2
LETTER Received from Matthew Carter re: filing fee. (SAC)
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Filing 1
PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by Matthew Carter. (Attachments: #1 Attachment part 1, #2 Attachment part 2, #3 Attachment part 3, #4 Cover Letter) (SAC) Sealed attachments 1 - 3 per Chambers due to PII - Modified docket text on 11/12/2024 (ARW).
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| Respondent: State of South Dakota | |
| Represented By: | Matthew W. Templar |
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| Petitioner: Matthew Carter | |
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