O'Bryan v. Cox

South Dakota District Court
Judge:Lawrence L Piersol
Referred: Veronica L Duffy
Case #: 4:21-cv-04052
Nature of Suit530 Prisoner Petitions - Habeas Corpus - General
Cause28:2241 Petition for Writ of Habeas Corpus (federa
Case Filed:Apr 05, 2021
Terminated:Sep 02, 2021
Petitioner
Howell Dean O'Bryan Jr.
Respondent
J.W. Cox

GPO Apr 05 2021
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).
GPO Apr 06 2021
ORDER denying 4 Motion for Immediate Release; denying 5 Motion to Appoint Counsel; granting 6 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).
GPO Apr 07 2021
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).
GPO May 17 2021
REPORT AND RECOMMENDATIONS re 14 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. (Attachments: # (1) Chief Judge Lange opinion)(CG) Sent to Mr. O'Bryan via USPS on 5/17/2021 (MSB).
GPO Sep 01 2021
ORDER denying 14 Motion to Dismiss for Lack of Jurisdiction; denying 14 Motion to Dismiss for Failure to State a Claim; denying 18 Report and Recommendation. Signed by U.S. District Judge Lawrence L. Piersol on 09/01/2021. (VMM)

Docket last updated: 8 hours ago
Thursday, March 10, 2022
37 37 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
36 36 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
33 33 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
32 32 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
23 23 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
22 22 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
18 18 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
17 17 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
16 16 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
10 10 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
9 9 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
8 8 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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7 7 misc Prisoner Trust Account Report Mon 04/05 4:12 PM
PRISONER Trust Account Report. (DLC)
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6 6 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)
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