LaClaire v. Bittinger et al
Petitioner: Will C. LaClaire
Respondent: Teresa Bittinger and The Attorney General for the State of South Dakota
Case Number: 5:2023cv05030
Filed: April 27, 2023
Court: U.S. District Court for the District of South Dakota
Presiding Judge: Charles B Kornmann
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 19, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2023 Opinion or Order Filing 11 MEMORANDUM in Support re #10 MOTION to DISMISS PETITION FOR WRIT OF HABEAS CORPUS UNDER FED.R.CIV.P.12(b)(6) filed by Teresa Bittinger, The Attorney General for the State of South Dakota. (Attachments: #1 Exhibit Motions, #2 Exhibit Motion, #3 Exhibit Motion, #4 Exhibit Letter, #5 Exhibit Motion, #6 Exhibit Motion, #7 Exhibit Orders, #8 Exhibit Amended Judgment, #9 Exhibit Brief, #10 Exhibit Affirmance, #11 Exhibit Petition, #12 Exhibit Memorandum, #13 Exhibit Motion, #14 Exhibit Motion, #15 Exhibit Order) (Templar, Matthew)
June 15, 2023 Opinion or Order Filing 10 MOTION to DISMISS PETITION FOR WRIT OF HABEAS CORPUS UNDER FED.R.CIV.P.12(b)(6) by Teresa Bittinger, The Attorney General for the State of South Dakota. (Templar, Matthew)
June 7, 2023 Opinion or Order Filing 9 ORDER GRANTING MOTION TO EXCEED PAGE LIMITATION UNDER D.S.D. CIV. LR. 7.1(b)(1) granting #8 Motion for Leave to File Excess Pages. Signed by U.S. District Judge Charles B. Kornmann on 6/7/2023. (Sent to Will C. LaClaire via USPS) (ARW)
June 7, 2023 Opinion or Order Filing 8 MOTION for Leave to File Excess Pages by Teresa Bittinger, The Attorney General for the State of South Dakota. (Templar, Matthew)
May 31, 2023 Opinion or Order RECEIVED Pennington County Criminal case 18-1350, Pennington County Civil case 22-919, SD Supreme Court cases 28991 and 30258. Records are on Clerk of Court's N drive. (SLW)
May 22, 2023 Opinion or Order Filing 7 NOTICE of Appearance by Matthew W. Templar on behalf of Teresa Bittinger, The Attorney General for the State of South Dakota. (Templar, Matthew)
May 16, 2023 Opinion or Order Filing 6 ORDER. Signed by U.S. District Judge Charles B. Kornmann on May 10, 2023. (Sent Petition, Order, Clerk's Notice of Rule 73 and blank AO 85 to the 2254 Service Group via email and the Pennington County States Attorney, Lara Roetzel, via USPS, sent the Order, Clerk's Notice of Rule 73 and a blank AO 85 to Will C. LaClaire via USPS) (DLC)
May 16, 2023 Opinion or Order 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. (DLC)
May 15, 2023 Opinion or Order Filing 5 PRISONER Trust Account Report. (ARW)
May 15, 2023 Opinion or Order Filing 4 MOTION for Leave to Proceed in forma pauperis by Will C. LaClaire. (ARW)
May 5, 2023 Opinion or Order Filing Fee Received from Will C. LaClaire. Fee Amount: $5.00, Receipt No.: #400001783. (ARW)
April 28, 2023 Opinion or Order Filing 3 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. (DLC)
April 27, 2023 Opinion or Order Filing 2 MOTION for Appointment of Counsel by Will C. LaClaire. (DLC)
April 27, 2023 Opinion or Order Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254. (Attachments: #1 Attachment) (DLC)

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Petitioner: Will C. LaClaire
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Respondent: Teresa Bittinger
Represented By: Matthew W. Templar
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Respondent: The Attorney General for the State of South Dakota
Represented By: Matthew W. Templar
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