Guzman v. Bittinger et al
Plaintiff: Theodore Guzman
Respondent: Teresa Bittinger and The Attorney General of the State of South Dakota
Case Number: 5:2023cv05088
Filed: December 15, 2023
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 January 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2024 Opinion or Order Filing 10 ORDER Directing Service and Requiring Response. Signed by Chief Judge Roberto A. Lange on 01/29/2024. Sent to Petitioner via USPS with Clerk's Notice of Rule 73 docket entry, and AO 85. Emailed to 2254 Service Group with #1 Petition, #2 Memorandum, #3 Motion to Proceed IFP #4 MOTION for Stay and Abeyance, #6 Order, #8 Order, #9 Letter, Clerk's Notice of Rule 73 docket entry and AO 85 (MSB) Modified to add additional documents emailed to service group on 1/31/2024 (MSB).
January 29, 2024 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. (MSB)
January 25, 2024 Filing 9 LETTER Received from Theodore Guzman. Sent copy of docket sheet showing receipt of payment. (MSB)
January 12, 2024 Filing Fee Received from Theodore Guzman. Fee Amount: $5.00, Receipt No.: #500000592. (KLE)
December 22, 2023 Opinion or Order Filing 8 ORDER denying #3 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge Roberto A. Lange on 12/22/2023. (Mailed to Theodore Guzman) (JLS)
December 21, 2023 Filing 7 PRISONER Trust Account Report. (MSB)
December 20, 2023 Opinion or Order Filing 6 ORDER Requiring Petitioner to File a Certified Prisoner Trust Account Report. Signed by Chief Judge Roberto A. Lange on 12/20/2023. Sent to Petitioner with PTAR via USPS. (MSB)
December 15, 2023 Filing 5 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 and Prisoner Trust Account Report 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. (MSB)
December 14, 2023 Filing 4 MOTION for Stay and Abeyance by Theodore Guzman. (MSB)
December 14, 2023 Filing 3 MOTION for Leave to Proceed in forma pauperis by Theodore Guzman. (MSB)
December 14, 2023 Filing 2 Memorandum (Appendix) in Support of #1 Petition for Writ of Habeas Corpus (28:2254) by Plaintiff Theodore Guzman. (MSB)
December 14, 2023 Filing 1 PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by Theodore Guzman. (MSB)

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Plaintiff: Theodore Guzman
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Respondent: Teresa Bittinger
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Respondent: The Attorney General of the State of South Dakota
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