Gard v. Fluke et al
| South Dakota District Court | |
| Judge: | Jeffrey L Viken |
| Referred: | Daneta Wollmann |
| Case #: | 5:18-cv-05040 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2254 Petition for Writ of Habeas Corpus (State) |
| Case Filed: | Jun 19, 2018 |
| Terminated: | Jul 09, 2019 |
Petitioner
Rex Gard
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Respondent
Brent Fluke
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Respondent
Marty Jackley
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GPO
Mar 29 2019
REPORT AND RECOMMENDATIONS re 3 MOTION to Appoint Counsel, 8 MOTION to DISMISS Petitioner's Application for Writ of Habeas Corpus. Objections to R&R due by 4/12/2019. Signed by US Magistrate Judge Daneta Wollmann on 3/29/19. (Wollmann, Daneta) Modified on 3/29/2019 delivered to Rex Gard via USPS (SLT). |
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GPO
Jul 09 2019
ORDER denying as moot 3 Motion to Appoint Counsel; granting 8 Motion to Dismiss; adopting 11 Report and Recommendation; overruling 12 objections; denying 13 Motion to Stay and declining to issue a certificate of appealability. Signed by Chief Judge Jeffrey L. Viken on 7/9/19. (SB) Modified on 7/10/2019 delivered to Rex Gard via USPS (SLT). |
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GPO
Aug 05 2019
ORDER denying 22 Motion for Leave to Proceed in forma pauperis; denying 24 Motion for Leave to Proceed in forma pauperis. Signed by Chief Judge Jeffrey L. Viken on 8/5/19. (SB) Mailed Plaintiff on 8/6/2019 (DJP). |
| Docket last updated: 04/22/2024 11:59 PM CDT |
| Wednesday, February 05, 2020 | ||
| 29 | 29
appeal
USCA Mandate
Wed 02/05 8:48 AM
MANDATE from 8th Circuit COA issued in accordance with COA judgment as to17 Notice of Appeal filed by Rex Gard. (TAL) |
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| Monday, January 13, 2020 | ||
| 28 | 28
appeal
USCA Judgment
Mon 01/13 9:59 AM
JUDGMENT of USCA denying application for certificate of appealability as to17 Notice of Appeal filed by Rex Gard. (TAL) |
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| Tuesday, August 13, 2019 | ||
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appeal
Transmittal of Subsequent Filing to 8th Circuit COA
Tue 08/13 9:57 AM
TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re27 Supplement. (SKK) |
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| Monday, August 12, 2019 | ||
| 27 | 27
misc
Supplement
Tue 08/13 9:56 AM
SUPPLEMENT by Petitioner Rex Gard re17 Notice of Appeal. (SKK) |
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| Tuesday, August 06, 2019 | ||
| 26 | 26
appeal
USCA Order
Wed 08/07 8:08 AM
ORDER of USCA directing appellant to pay the $505 appellate filing and docketing fee or move for IFP in the appellae court as to17 Notice of Appeal filed by Rex Gard. (TAL) |
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appeal
Transmittal of Subsequent Filing to 8th Circuit COA
Tue 08/06 11:46 AM
TRANSMITTAL of Subsequent Filing to 8th Circuit Court of Appeals re25 Order on Motion for Leave to Proceed in forma pauperis,.. (DJP) |
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| Monday, August 05, 2019 | ||
| 25 | 25
3
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Mon 08/05 7:18 PM
ORDER denying22 Motion for Leave to Proceed in forma pauperis ; denying24 Motion for Leave to Proceed in forma pauperis . Signed by Chief Judge Jeffrey L. Viken on 8/5/19. (SB) |
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| Wednesday, July 31, 2019 | ||
| 24 | 24
motion
Proceed In Forma Pauperis
Thu 08/01 8:49 AM
APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS by Rex Gard. (SKK) |
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| Friday, July 19, 2019 | ||
| 23 | 23
misc
Prisoner Trust Account Report
Fri 07/19 3:01 PM
PRISONER Trust Account Report. (SRA) |
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| 22 | 22
motion
Proceed In Forma Pauperis
Fri 07/19 3:00 PM
MOTION for Leave to Proceed in forma pauperis by Rex Gard. (SRA) |
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| Wednesday, July 17, 2019 | ||
| 21 | 21
appeal
USCA Order (Non-Electronic Record)
Wed 07/17 10:18 AM
ORDER of USCA directing Clerk of the District Court to forward portions of the original record not available in an electronic format through PACER to USCA within 10 days re17 Notice of Appeal filed by Rex Gard.. (TAL) |
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| 20 | 20
appeal
USCA Order
Wed 07/17 10:17 AM
ORDER of USCA directing appellant to either pay the appellate filing and docketing fee or file a motion for leave to proceed IFP within 21 days as to17 Notice of Appeal filed by Rex Gard. (TAL) |
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| 19 | 19
appeal
USCA Case Number and Briefing Schedule
Wed 07/17 10:12 AM
USCA Case Number for17 Notice of Appeal filed by Rex Gard. USCA Case Number: 19-2486 (TAL) |
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| Tuesday, July 16, 2019 | ||
| 18 | 18
appeal
Transmittal of Notice of Appeal to 8th Circuit COA
Tue 07/16 2:15 PM
TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re17 Notice of Appeal. Transmitted per Chambers request. (SRA) |
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notice
Notice of Filing Error
Tue 07/16 1:45 PM
NOTICE of Filing Error:16 Motion for Certificate of Appealability was filed in error and should be disregarded. (SRA) |
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| Monday, July 15, 2019 | ||
| 17 | 17
appeal
Notice of Appeal
Tue 07/16 2:00 PM
NOTICE OF APPEAL as to14 Order on Motion to Appoint Counsel, Order on Motion to Dismiss, Order on Report and Recommendation, Order on Motion for Miscellaneous Relief,15 Judgment by Rex Gard. (SRA) |
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| 16 | 16
motion
Certificate of Appealability
Mon 07/15 3:06 PM
Request for Certificate of Appealability by Rex Gard. (SRA) |
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| Tuesday, July 09, 2019 | ||
| 15 | 15
order
Judgment
Tue 07/09 6:07 PM
JUDGMENT in favor of Brent Fluke, Jason Ravnsborg and against Rex Gard. Signed by Chief Judge Jeffrey L. Viken on 7/9/19. (SB) |
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| 14 | 14
7
pgs
order
Order on Motion to Appoint Counsel Order on Motion to Dismiss Order on Report and Recommendation Order on Motion for Miscellaneous Relief
Tue 07/09 5:56 PM
ORDER denying as moot3 Motion to Appoint Counsel; granting8 Motion to Dismiss; adopting11 Report and Recommendation; overruling12 objections; denying13 Motion to Stay and declining to issue a certificate of appealability. Signed by Chief Judge Jeffrey L. Viken on 7/9/19. (SB) |
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| Thursday, May 30, 2019 | ||
| 13 | 13
misc
Request
Thu 05/30 4:37 PM
REQUEST for Stay of Proceedings by Petitioner Rex Gard (SRA) |
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| Monday, April 08, 2019 | ||
| 12 | 12
motion
Miscellaneous Relief
Tue 04/09 10:14 AM
Request for Reivew by Rex Gard. (JLS) |
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| Friday, March 29, 2019 | ||
| 11 | 11
motion
Report and Recommendations
Fri 03/29 10:31 AM
REPORT AND RECOMMENDATIONS re3 MOTION to Appoint Counsel,8 MOTION to DISMISS Petitioner's Application for Writ of Habeas Corpus. Objections to R&R due by 4/12/2019. Signed by US Magistrate Judge Daneta Wollmann on 3/29/19. (Wollmann, Daneta) Modified on 3/29/2019 delivered to Rex Gard via USPS (SLT) |
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| Thursday, August 09, 2018 | ||
| 10 | 10
respm
Response to Motion
Thu 08/09 3:46 PM
RESPONSE to Motion re8 MOTION to DISMISS Petitioner's Application for Writ of Habeas Corpus filed by Rex Gard. (SST) |
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Att: 1
Envelope postmarked 8/7/18
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| Thursday, August 02, 2018 | ||
| 9 | 9
6
pgs
respm
Memorandum in Support of Motion
Thu 08/02 11:29 AM
MEMORANDUM in Support re8 MOTION to DISMISS Petitioner's Application for Writ of Habeas Corpus filed by Brent Fluke, Marty Jackley. (Kjerstad, Quincy) Modified on 8/2/2018 (SLT). Modified on 8/2/2018 to correct docket text (SLT) |
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Att: 1
Exhibit 1-Judgment of Conviction,
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Att: 2
Exhibit 2-State v Gard,
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Att: 3
Exhibit 3-Petition for Writ of Habeas Corpus 10 27-2008
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Att: 4
Exhibit 4-Provisional Writ of Habeas Corpus & Scheduling Order,
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Att: 5
Exhibit 5-Amended Petition for Writ of Habeas Corpus 2 5-2009
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Att: 6
Exhibit 6-Memorandum Decision,
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Att: 7
Exhibit 7-Findings of Fact, Conclusions of Law & Order Denying Application,
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Att: 8
Exhibit 8-Motion for Issuance of Certificate of Probable Cause,
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Att: 9
Exhibit 9-Order Denying Motion for Certificate of Probable Cause,
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Att: 10
Exhibit 10-Order Denying Motion for Certificate of Probable Cause 3 22-2010
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Att: 11
Exhibit 11-Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254,
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Att: 12
Exhibit 12-Order Dismissing Case,
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Att: 13
Exhibit 13-Motion for Issuance of Certificate of Probable Cause 3-28-12,
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Att: 14
Exhibit 14-Judgment 9-4-12,
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Att: 15
Exhibit 15-Petition for Writ of Habeas Corpus 7-31-12,
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Att: 16
Exhibit 16-Petition for Writ of Habeas Corpus 7 13-2015
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Att: 17
Exhibit 17-Petition for Writ of Habeas Corpus 2 17-2016
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Att: 18
Exhibit 18-Order Dismissing Petition 8 16-2012
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Att: 19
Exhibit 19-Order Dismissing Petition for Writ of Habeas 7 15-2015
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Att: 20
Exhibit 20-Order Dismissing Petition for Writ of Habeas Corpus 3 15-2016
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Att: 21
Exhibit 21-Order Dismissing Motion for Certificate of Probable Cause 11 5-2015
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Att: 22
Exhibit 22-Order Dismissing Motion for Certificate of Probable Cause 10 21-2015
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Att: 23
Exhibit 23-Request for Leave to File a Successive Petition for Writ of Habeas Corpus 3 20-2018
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Att: 24
Exhibit 24-Order Denying Leave to File Petition 3 20-2018
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Att: 25
Exhibit 25-Request for Certificate of Probable Cause 3 29-2018
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Att: 26
Exhibit 26-Motion for Issuance of Certificate of Probable Cause 4 19-2018
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Att: 27
Exhibit 27-Order Dismissing Motion for Certificate of Probable Cause 5 17-2018
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Att: 28
Exhibit 28-Sebsequent Petition for Writ of Habeas Corpus 6-19-2018
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| 8 | 8
motion
Dismiss
Thu 08/02 11:03 AM
MOTION to DISMISS Petitioner's Application for Writ of Habeas Corpus by Brent Fluke, Marty Jackley. (Kjerstad, Quincy) |
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| Tuesday, July 03, 2018 | ||
| 7 | 7
1
pgs
order
Order
Tue 07/03 10:48 AM
ORDER DIRECTING SERVICE. Signed by Chief Judge Jeffrey L. Viken on 7/3/2018. (SLT) |
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| Thursday, June 21, 2018 | ||
| 6 | 6
1
pgs
order
Order of Recusal
Thu 06/21 11:12 AM
ORDER OF RECUSAL. US Magistrate Judge Veronica L. Duffy recused. Signed by US Magistrate Judge Veronica L. Duffy on 6/21/2018. (CG) |
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utility
Add and Terminate Judges
Thu 06/21 12:52 PM
US Magistrate Judge Daneta Wollmann added. (SST) |
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| Tuesday, June 19, 2018 | ||
| 5 | 5
misc
Letter Sent
Tue 06/19 4:53 PM
New Case LETTER with enclosed copy of docket sheet sent by Clerk's Office to Petitioner. (TAL) |
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| 4 | 4
respm
Affidavit in Support of Motion
Tue 06/19 3:55 PM
AFFIDAVIT of Indigence in Support re3 MOTION for Appointment of Counsel filed by Rex Gard. (KLK) |
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| 3 | 3
motion
Appoint Counsel
Tue 06/19 3:54 PM
MOTION for Appointment of Counsel by Rex Gard. (KLK) |
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| 2 | 2
misc
Filing Fee Received
Tue 06/19 3:53 PM
Civil Filing Fee Received from Rex Gard. Fee Amount: $5, Receipt No.: #SDX500005327. (KLK) |
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus (28:2254) (COURT USE ONLY)
Tue 06/19 3:44 PM
PETITION for Writ of Habeas Corpus pursuant to 28:2254 filed by Rex Gard. (KLK) |
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Att: 1
Copy of Petition for Writ of Habeas Corpos 15-220,
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Att: 2
Writ of Habeas Corpus,
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Att: 3
Attachment C: Motion to Correct an Illegal Sentence and Relief from Judgement,
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Att: 4
Motion for Issuance of Certificate of Probable Cause; Prison returned to mail out this document,
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Att: 5
Order Dismissing Petition for Writ of Habeau Corpus 15-220,
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Att: 6
Transmittal Letter dated 06/14/2018,
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Att: 7
Envelope postmarked 06/14/2018
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