Merrival v. Fluke et al
Petitioner: Michael Lynn Merrival, Jr.
Respondent: Warden Brent Fluke and Marty Jackley
Case Number: 5:2023cv05064
Filed: September 21, 2023
Court: US 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 October 5, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2023 Filing Fee Received from Michael Lynn Merrival, Jr. Fee Amount: $5, Receipt No.: #400002503. (KLE)
October 3, 2023 Filing 6 AFFIDAVIT of Michael L ynn Merrival, Jr. (Attachments: #1 Exhibits 1-3, #2 Cover letter) (CLR)
October 3, 2023 Filing 5 PRISONER Trust Account Report. (CLR)
September 21, 2023 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 together with a Motion to Proceed without Prepayment of Fees and Declaration. Although a new case has been opened, your motion to proceed without prepayment of fees may be denied unless you return the enclosed Prisoner Trust Account Report (to be completed by the institution where you are incarcerated.) Copy of docket sheet, Prisoner Trust Account Report, two 1983 Packets, and two 2254 Packets (per Petitioner's request) 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. (CLR)
September 21, 2023 Filing 3 MOTION for Leave to Proceed in forma pauperis by Michael Lynn Merrival, Jr. (CLR)
September 21, 2023 Filing 2 AFFIDAVIT of Michael Lynn Merrival, Jr. in Support of #1 Petition for Writ of Habeas Corpus (28:2254). (Attachments: #1 Exhibits A - F) (CLR) Added restriction due to personal identifying information on 9/22/2023 (ARW).
September 21, 2023 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by Michael Lynn Merrival, Jr. (Attachments: #1 Transcript, #2 Cover Letter) (CLR)

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Petitioner: Michael Lynn Merrival, Jr.
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Respondent: Warden Brent Fluke
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Respondent: Marty Jackley
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