Merrival v. Fluke et al
| Michael Merrival, Jr |
| Brent Fluke and The Attorney General of the State of South Dakota |
| 5:2022cv05050 |
| May 16, 2022 |
| US District Court for the District of South Dakota |
| Charles B Kornmann |
| Prisoner Petitions: Habeas Corpus - General |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on June 29, 2022. A more recent docket listing may be available from PACER.
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Filing 16
JUDGMENT of Dismissal. Sent with Appeal Packet to Michael Merrival, Jr. via USPS. (SKK)
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Filing 15
ORDER granting #14 Motion to Dismiss. Signed by U.S. District Judge Charles B. Kornmann on 6/27/2022. Mailed to Petitioner 6/27/2022 (DJP)
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Filing 14
MOTION to DISMISS by Michael Merrival, Jr. (DJP)
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Filing Fee Received from Michael Merrival, Jr. Fee Amount: $5, Receipt No.: #300000029. (SLW)
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Filing 13
RESPONSE TO ORDER TO SHOW CAUSE by Brent Fluke, The Attorney General of the State of South Dakota (Attachments: #1 Attachment Letter, #2 Attachment Affidavit, #3 Attachment Plea Offer) (Thorne, Sarah)
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Filing 12
NOTICE of Appearance by Sarah L. Thorne on behalf of Brent Fluke, The Attorney General of the State of South Dakota. (Thorne, Sarah)
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Filing 11
(FILED IN ERROR) RESPONSE TO ORDER TO SHOW CAUSE by Brent Fluke, The Attorney General of the State of South Dakota (Attachments: #1 Attachment Letter, #2 Attachment Affidavit, #3 Attachment Plea Offer) (Thorne, Sarah) Modified on 6/7/2022 (MSB).
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Filing 10
RETURN OF SERVICE Executed upon Pennington County State's Attorney on 5/31/2022 (DJP)
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NOTICE of Filing Error: #11 Response to Order to Show Cause was filed in error and should be disregarded. (Thorne, Sarah)
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Filing 9
RETURN OF SERVICE Executed upon Respondent Brent Fluke (JLS)
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Filing 8
RETURN OF SERVICE Executed upon Respondent The Attorney General of the State of South Dakota on 5/31/2022 (JLS)
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Filing 7
MEMORANDUM OPINION AND ORDER directing service, granting #2 MOTION for Leave to Proceed in forma pauperis and directing Petitioner to pay the $5.00 filing fee. Signed by U.S. District Judge Charles B. Kornmann on 5/27/2022. Mailed to Petitioner on 5/27/2022(DJP)
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TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #7 Memorandum Opinion and Order and #1 Petition for Writ of Habeas Corpus (28:2241) on the Respondent and the following: - Brent Fluke, Warden, Mike Durfee State Prison, via certified mail, return receipt requested; - Attorney General for the State of South Dakota via certified mail, return receipt requested; - Pennington County State's Attorney, via certified mail, return receipt requested - Diana Ryan, Assistant United States Attorney for the District of South Dakota, Civil Division, via electronic delivery. (DJP)
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Filing 6
(FILED IN ERROR) ORDER for Service. Signed by US Magistrate Judge Daneta Wollmann on 5/23/22. (SST) Modified on 5/23/2022 (SLT).
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Filing 5
(FILED IN ERROR) ORDER denying #2 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Daneta Wollmann on 5/23/22. (SST) Modified on 5/23/2022 (SLT).
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NOTICE of Filing Error: #5 Order on Motion for Leave to Proceed in forma pauperis, #6 Order was filed in error and should be disregarded. (SLT)
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(FILED IN ERROR) RECEIVED Pennington County Criminal Cases 17-5987 & 18-2664, Civil Case File 21-389, and South Dakota Supreme Court Case File 29641. Files are located in SF Clerk's Office N:Drive. (VMM) Modified on 5/19/2022 (VMM).
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NOTICE of Filing Error: Received event was filed in error and should be disregarded. (VMM)
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Filing 4
NOTICE TO PETITIONER: The Clerks Office has received your Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241 together with a Motion to Proceed Without Prepayment of Fees and Declaration and Prisoner Trust Account Report. A new case has been opened. Copy of docket sheet sent to petitoner. 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. (DJP)
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Filing 3
PRISONER Trust Account Report. (DJP)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Michael Merrival, Jr. (DJP)
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Filing 1
PETITION for Writ of Habeas Corpus pursuant to 28:2241. (Attachments: #1 Attachments) (DJP)
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