Martinez v. Warden of South Dakota State Penitentiary
Petitioner: Andre Martinez
Respondent: Warden of South Dakota State Penitentiary
Case Number: 5:2022cv05043
Filed: May 5, 2022
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 March 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 14, 2022 Opinion or Order RECEIVED Pennington County Criminal Case 19-1105, Pennington County Civil Case 22-64, and SD Supreme Court case 29524. Documents are location on Clerk of Court's N Drive. (SLW)
June 8, 2022 Opinion or Order Filing 6 MEMORANDUM in Support re #5 MOTION to DISMISS ON THE PLEADINGS UNDER FED. R. CIV. P. 12(c) filed by Warden of South Dakota State Penitentiary. (Attachments: #1 Attachment Order, #2 Attachment Application, #3 Attachment Motion, #4 Attachment Memorandum, #5 Attachment Letter, #6 Attachment Letter) (Thorne, Sarah)
June 8, 2022 Opinion or Order Filing 5 MOTION to DISMISS ON THE PLEADINGS UNDER FED. R. CIV. P. 12(c) by Warden of South Dakota State Penitentiary. (Thorne, Sarah)
May 23, 2022 Opinion or Order Filing 4 MOTION for Oral Argument by Andre Martinez. (Attachments: #1 State Court Documents) (MSB)
May 10, 2022 Opinion or Order Filing 3 ORDER for Service. Signed by US Magistrate Judge Daneta Wollmann on 5/10/22. (SST) Modified on 5/10/2022 cc: sent to Andre Martinez via USPS and to SD State Penitentiary email list per our 2254 service agreement (KLE).
May 5, 2022 Opinion or Order 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. 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. (MSB)
May 5, 2022 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 ($5.00 fee paid, receipt# SDX400056366). (Attachments: #1 Transcript Exerpts and Letters) (MSB)

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Petitioner: Andre Martinez
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Respondent: Warden of South Dakota State Penitentiary
Represented By: Sarah L. Thorne
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