O'Bryan v. Cox
South Dakota District Court | |
Judge: | Lawrence L Piersol |
Referred: | Veronica L Duffy |
Case #: | 4:21-cv-04052 |
Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
Cause | 28:2241 Petition for Writ of Habeas Corpus (federa |
Case Filed: | Apr 05, 2021 |
Terminated: | Sep 02, 2021 |
Petitioner
Howell Dean O'Bryan Jr.
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Respondent
J.W. Cox
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Docket last updated: 1 hours ago |
Thursday, March 10, 2022 | ||
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cja
CJA 20 - Authorization to Pay
Thu 03/10 7:52 AM
CJA 20: Authorization to Pay Alex M. Hagen. Amount: $ 6,464.70, Voucher # 0869.1237764. Signed by Judge U.S. District Judge Lawrence L. Piersol (KG) |
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Wednesday, September 01, 2021 | ||
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1
pgs
order
Judgment
Thu 09/02 10:33 AM
JUDGMENT Signed by U.S. District Judge Lawrence L. Piersol on 08/01/2021. (VMM) |
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35 | 35
8
pgs
order
Order on Motion to Dismiss/Lack of Jurisdiction Order on Motion to Dismiss for Failure to State a Claim Order on Report and Recommendation Order on Objection to Report and Recommendation
Thu 09/02 10:27 AM
ORDER denying14 Motion to Dismiss for Lack of Jurisdiction; denying14 Motion to Dismiss for Failure to State a Claim; denying18 Report and Recommendation. Signed by U.S. District Judge Lawrence L. Piersol on 09/01/2021. (VMM) |
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Friday, August 13, 2021 | ||
34 | 34
3
pgs
misc
Declaration
Fri 08/13 2:34 PM
DECLARATION of JILL STERNHAGEN re33 Response . (Ramsdell, Alison) Modified on 8/13/2021 to add descriptions (CLR). |
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Att: 1 15 pgs Exhibit A - Early Release Procedures, | ||
Att: 2 2 pgs Exhibit B - Request for § 3621 (e) Offense Review | ||
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2
pgs
respoth
Response
Fri 08/13 2:32 PM
RESPONSE to32 Order filed by J.W. Cox. (Ramsdell, Alison) |
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Monday, August 09, 2021 | ||
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2
pgs
order
Order
Mon 08/09 4:05 PM
ORDER. Signed by U.S. District Judge Lawrence L. Piersol on 08/09/2021. (VMM). |
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Thursday, August 05, 2021 | ||
31 | 31
3
pgs
misc
Miscellaneous Submission (COURT USE ONLY)
Thu 08/05 4:37 PM
Letter to the Court by Petitioner Howell Dean O'Bryan, Jr (VMM) |
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Att: 1 5 pgs Attachment | ||
Wednesday, August 04, 2021 | ||
30 | 30
15
pgs
respm
Reply to Motion Response
Wed 08/04 5:55 PM
REPLY to Motion Response re14 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by J.W. Cox. (Ramsdell, Alison) |
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Thursday, July 29, 2021 | ||
29 | 29
3
pgs
misc
Declaration
Thu 07/29 4:21 PM
DECLARATION of SASHA LABRENZ re28 Response . (Ramsdell, Alison) |
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Att: 1 Exhibit A - Education Data Transcript | ||
28 | 28
2
pgs
respoth
Response
Thu 07/29 4:19 PM
RESPONSE to25 Motion Hearing, Respondent's Response to Court's Request for Additional Information filed by J.W. Cox. (Ramsdell, Alison) |
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27 | 27
1
pgs
order
Order on Motion for Leave to
Thu 07/29 10:11 AM
ORDER granting26 Motion for Leave to File a Reply Brief. Signed by U.S. District Judge Lawrence L. Piersol on 7/28/21. (SLW) |
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Wednesday, July 28, 2021 | ||
26 | 26
2
pgs
motion
Leave to
Wed 07/28 3:24 PM
MOTION for Leave to File a Reply Brief Prior to Written Decision by J.W. Cox. (Ramsdell, Alison) |
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Tuesday, July 27, 2021 | ||
25 | 25
1
pgs
minutes
Motion Hearing
Tue 07/27 3:18 PM
Motion Hearing held on 7/27/2021 re14 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by J.W. Cox before U.S. District Judge Lawrence L. Piersol. (Court Reporter: Carla Dedula) (MSB) |
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Thursday, July 22, 2021 | ||
24 | 24
1
pgs
order
Scheduling Order
Thu 07/22 3:18 PM
ORDER: Motion Hearing set for 7/27/2021 at 02:00 PM in Sioux Falls Courtroom 1 - Room 203A before U.S. District Judge Lawrence L. Piersol Signed by U.S. District Judge Lawrence L. Piersol on 07/22/2021. (MSB) |
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Wednesday, July 14, 2021 | ||
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23
pgs
respm
Memorandum in Opposition to Motion
Wed 07/14 9:41 AM
MEMORANDUM in Opposition re14 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by Howell Dean O'Bryan, Jr. (Hagen, Alex) |
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Tuesday, July 06, 2021 | ||
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4
pgs
notice
Clerk's Notice of Activating CJA Privileges
Tue 07/06 11:41 AM
Clerk's Notice of Activating CJA Privileges. When reviewing the attached document, please note this Court is a NextGen Court. (SLW) |
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21 | 21
1
pgs
order
Order ~Util - Add and Terminate Attorneys
Tue 07/06 11:39 AM
ORDER Appointing CJA Attorney Alex M. Hagen for Howell Dean O'Bryan, Jr. Signed by U.S. District Judge Lawrence L. Piersol on 7/2/21. Mailed to petitioner.(SLW) |
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Tuesday, June 01, 2021 | ||
20 | 20
4
pgs
motion
Objection to Report and Recommendation
Tue 06/01 3:05 PM
OBJECTION to18 Report and Recommendation by Howell Dean O'Bryan, Jr (DLC) |
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Att: 1 Attachments | ||
Wednesday, May 19, 2021 | ||
19 | 19
5
pgs
misc
Letter Received
Wed 05/19 1:25 PM
LETTER Received from Howell Dean O'Bryan, Jr. to Judge. (SKK) |
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Monday, May 17, 2021 | ||
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7
pgs
motion
Report and Recommendations
Mon 05/17 1:55 PM
REPORT AND RECOMMENDATIONS re14 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim ,1 Petition for Writ of Habeas Corpus (28:2241). Objections to R&R due by 6/1/2021. Signed by US Magistrate Judge Veronica L. Duffy on 5/17/2021.(CG) Sent to Mr. O'Bryan via USPS on 5/17/2021 (MSB) |
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Att: 1 12 pgs Chief Judge Lange opinion | ||
Monday, May 10, 2021 | ||
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11
pgs
respm
Response to Motion
Mon 05/10 3:05 PM
RESPONSE to Motion re14 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by Howell Dean O'Bryan, Jr. (DLC) |
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Att: 1 10 pgs Attachment | ||
Monday, April 26, 2021 | ||
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5
pgs
misc
Declaration
Mon 04/26 2:40 PM
DECLARATION of JILL STERNHAGEN re14 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim , 15 Memorandum in Support of Motion . (Ramsdell, Alison) |
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15 | 15
27
pgs
respm
Memorandum in Support of Motion
Mon 04/26 2:37 PM
MEMORANDUM in Support re14 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by J.W. Cox. (Ramsdell, Alison) |
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14 | 14
2
pgs
motion
Dismiss/Lack of Jurisdiction Dismiss for Failure to State a Claim
Mon 04/26 2:36 PM
MOTION to DISMISS for Lack of Jurisdiction , MOTION to DISMISS for Failure to State a Claim by J.W. Cox. (Ramsdell, Alison) |
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Monday, April 19, 2021 | ||
13 | 13
2
pgs
service
Return of Service Executed
Mon 04/19 11:25 AM
RETURN OF SERVICE Executed upon Respondent U.S. Attorney General on 4/12/21 (SKK) |
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Friday, April 16, 2021 | ||
12 | 12
2
pgs
service
Return of Service Executed
Fri 04/16 1:14 PM
RETURN OF SERVICE Executed upon Director, Federal Bureau of Prisons on 04/09/2021 (DLC) |
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Friday, April 09, 2021 | ||
11 | 11
2
pgs
notice
Notice of Appearance
Fri 04/09 11:13 AM
NOTICE of Appearance by Alison J. Ramsdell on behalf of J.W. Cox. (Ramsdell, Alison) |
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Thursday, April 08, 2021 | ||
misc
Filing Fee Received
Thu 04/08 3:10 PM
Filing Fee Received from Howell Dean O'Bryan, Jr. Fee Amount: $5.00, Receipt No.: #SDX300003768. (DLC) |
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Wednesday, April 07, 2021 | ||
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3
pgs
order
Order
Wed 04/07 3:01 PM
AMENDED ORDER on motions. Signed by US Magistrate Judge Veronica L. Duffy on 4/7/2021. (CG) Modified: mailed to Howell O'Bryan on 4/7/2021 (JLS) |
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Tuesday, April 06, 2021 | ||
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2
pgs
order
Order on Motion for Miscellaneous Relief Order on Motion to Appoint Counsel Order on Motion for Leave to Proceed In Forma Pauperis
Tue 04/06 8:53 AM
ORDER denying4 Motion for Immediate Release; denying5 Motion to Appoint Counsel; granting6 Motion for Leave to Proceed in forma pauperis. Signed by US Magistrate Judge Veronica L. Duffy on 4/6/2021. (CG) Modified: mailed to Howell Dean O'Bryan, Jr. on 4/6/2021 (JLS) |
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Monday, April 05, 2021 | ||
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37
pgs
misc
Supplement
Mon 04/05 4:13 PM
SUPPLEMENT by Petitioner Howell Dean O'Bryan, Jr re1 Petition for Writ of Habeas Corpus (28:2241). (DLC) |
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misc
Prisoner Trust Account Report
Mon 04/05 4:12 PM
PRISONER Trust Account Report. (DLC) |
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2
pgs
motion
Proceed In Forma Pauperis
Mon 04/05 4:12 PM
MOTION to Proceed Without Prepayment of Fees and Declaration by Howell Dean O'Bryan, Jr. (DLC) |
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5 | 5
1
pgs
motion
Appoint Counsel
Mon 04/05 4:10 PM
MOTION to Request a Public Defender or Court Appointed Attorney by Howell Dean O'Bryan, Jr. (DLC) |
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4 | 4
1
pgs
motion
Miscellaneous Relief
Mon 04/05 4:09 PM
EMERGENCY MOTION BOP Failure to Redeem FSA Earned Time Credits False Imprisonment Over Statutory Imposed Sentence by Howell Dean O'Bryan, Jr. (DLC) |
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3 | 3
1
pgs
order
Order
Mon 04/05 3:44 PM
ORDER directing service upon respondent. Signed by US Magistrate Judge Veronica L. Duffy on 4/5/2021. (CG) Modified: mailed to Howell O'Bryan, Jr. on 4/5/2021 (JLS) |
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2 | 2
misc
New Case Letter - 2241 Prisoner Case
Mon 04/05 2:38 PM
NOTICE TO PETITIONER: The Clerks Office has received your Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241. 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. 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. 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) |
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1 | 1
9
pgs
cmp
Petition for Writ of Habeas Corpus (28:2241) (COURT USE ONLY)
Mon 04/05 2:36 PM
PETITION for Writ of Habeas Corpus pursuant to 28:2241. (DLC) |
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misc
Certificate of Clerk - Text Only
Mon 04/05 3:54 PM
TEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of3 Order,1 Petition for Writ of Habeas Corpus (28:2241) on the Respondent and the following: - United States Attorney General, U.S. Department of Justice, 950 Pennsylvania Avenue, NW, Washington, DC 20530-0001, via certified mail, return receipt requested; - Director, Federal Bureau of Prisons,320 First St., NW, Washington, DC 20534, via certified mail, return receipt requested; - Diana Ryan, Assistant United States Attorney for the District of South Dakota, Civil Division, via electronic delivery. (JLS) |