Piper v. Young et al
Petitioner: Briley Piper
Respondent: Darin Young and The Attorney General of the State of South Dakota
Case Number: 5:2020cv05074
Filed: December 8, 2020
Court: US District Court for the District of South Dakota
Presiding Judge: Jeffrey L Viken
Referring Judge: Daneta Wollmann
Nature of Suit: Prisoner Petitions: Habeas Corpus - Death Penalty
Cause of Action: 28 U.S.C. § 2254
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 2, 2021 Opinion or Order Filing 19 MEMORANDUM in Support re #18 MOTION for SUMMARY JUDGMENT ON CLAIMS 11 AND 12 filed by The Attorney General of the State of South Dakota, Darin Young. (Attachments: #1 Transcript, #2 Transcript, #3 Transcript, #4 Amended Motion, #5 Transcript, #6 Book Excerpt, #7 Transcript, #8 Transcript) (Swedlund, Paul)
February 2, 2021 Opinion or Order Filing 18 MOTION for SUMMARY JUDGMENT ON CLAIMS 11 AND 12 by The Attorney General of the State of South Dakota, Darin Young. (Swedlund, Paul)
January 7, 2021 Opinion or Order Filing 17 REPLY to #14 Motion to Vacate filed by Darin Young. (Attachments: #1 Telehealth) (Swedlund, Paul)
December 29, 2020 Opinion or Order Filing 16 RESPONSE to Motion re #14 MOTION to Vacate or Modify Order Equitably Tolling the Applicable Statute of Limitations filed by Briley Piper. (Tupman, Jason)
December 29, 2020 Opinion or Order NOTICE of Filing Error: #15 Response to Motion was filed in error and should be disregarded. (Tupman, Jason)
December 28, 2020 Opinion or Order Filing 15 (FILED IN ERROR) RESPONSE to Motion re #14 MOTION to Vacate or Modify Order Equitably Tolling the Applicable Statute of Limitations filed by Briley Piper. (Tupman, Jason) Modified on 12/29/2020 (DJP).
December 21, 2020 Opinion or Order Filing 14 MOTION to Vacate or Modify Order Equitably Tolling the Applicable Statute of Limitations by The Attorney General of the State of South Dakota, Darin Young. (Swedlund, Paul)
December 21, 2020 Opinion or Order Filing 13 NOTICE of Appearance by Paul S. Swedlund on behalf of The Attorney General of the State of South Dakota, Darin Young. (Swedlund, Paul)
December 18, 2020 Opinion or Order Filing 12 ORDER. Signed by U.S. District Judge Jeffrey L. Viken on 12/18/20. (SB)
December 16, 2020 Opinion or Order Filing 11 RETURN OF CERTIFIED MAIL RECEIPT as to South Dakota Supreme Court served on 12/14/2020. (KLE)
December 16, 2020 Opinion or Order Filing 10 RETURN OF CERTIFIED MAIL RECEIPT as to Jason Ravonsborg, Attorney General, served on 12/14/2020. (KLE)
December 15, 2020 Opinion or Order Filing 9 RETURN OF CERTIFIED MAIL RECEIPT as to Darin Young served on 12/12/2020. (KLE)
December 10, 2020 Opinion or Order Filing 8 ORDER that petitioner's warrant of execution is stayed pending further order of the court. Signed by U.S. District Judge Jeffrey L. Viken on 12/10/2020. (KLE) Modified on 12/10/2020 sent to Darin Young, Jason Ravnsborg and Shirley A. Jameson-Fergel via certified mail (KLE).
December 10, 2020 Opinion or Order Filing 7 ORDER granting #5 Petitioner's motion for equitable tolling. ORDERED that the statute of limitations, 28 U.S.C. 2244(d)(1), governing the filing of a 2254 petition is tolled for a period of six months until June 11, 2021. The petitioner shall have until June 11, 2021 to file a supplemental or amendment, or both, to the 2254 petition and the petitioner shall file a legal memorandum in support of his 2254 petition on or before August 10, 2021 Signed by U.S. District Judge Jeffrey L. Viken on 12/10/2020. (KLE)
December 10, 2020 Opinion or Order Filing 6 ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by U.S. District Judge Jeffrey L. Viken on 12/10/2020. (KLE)
December 8, 2020 Opinion or Order Filing 5 MOTION for Equitable Tolling, MOTION For Leave to Supplement and/or Amend in Six Months' Time, and MOTION for Leave to File a Memorandum of Law by Briley Piper. (Attachments: #1 Proposed Order) (DJP)
December 8, 2020 Opinion or Order Filing 4 PRISONER Trust Account Report. (DJP)
December 8, 2020 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis by Briley Piper. (DJP)
December 8, 2020 Opinion or Order Filing 2 APPENDIX (Volumes I (pp. A0001 to A0438), II (pp. A0439-A0873), III (pp. A0874-A1046) by Petitioner Briley Piper re #1 Petition for Writ of Habeas Corpus (28:2254) (Attachments: #1 Appendix Volume II, #2 Appendix Volume III) (DJP) (Attachment 2 (Volume III) replaced on 12/9/2020 to correct page rotations (DJP).
December 8, 2020 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by Briley Piper (short form). (Attachments: #1 Petition for Writ of Habeas Corpus Pursuant to 28:2254 (long form) (DJP)
December 8, 2020 Opinion or Order Attorneys Claudia Van Wyk and James Moreno previously granted permission to appear as co-counsel for Petitioner pursuant to Order in 5:19-mc-43, DE 3. (DJP)

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Respondent: Darin Young
Represented By: Paul S. Swedlund
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Respondent: The Attorney General of the State of South Dakota
Represented By: Paul S. Swedlund
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Petitioner: Briley Piper
Represented By: Claudia Van Wyk
Represented By: James Moreno
Represented By: Jason J. Tupman
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