REPORT & RECOMMENDATION VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION Movant, Lester Richard Estensen, has filed a pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. See Docket No. 1. 1 Now pending is a motion to dismiss by respondent the United States of America ("government"). See Docket No. 24. Mr. Estensen filed a response to the motion. Docket 26. This matter has been referred to this magistrate judge pursuant to 28 U.S.C. 636(b)(...
ORDER GRANTING DEFENDANT'S MOTION FOR PRETRIAL IDENTIFICATION OF PHOTOGRAPHIC AND VIDEO EXHIBITS (DOC. 35) DANETA WOLLMANN , Magistrate Judge . Pending is Defendant Mason Hamm's Motion for Pretrial Identification of Photographic and Video Exhibits (Doc. 35). United States District Court Judge Jeffrey L. Viken, Chief Judge, referred Mr. Hamm's Motion to this magistrate judge for determination. (Doc. 42). BACKGROUND Under the Court's current scheduling order, Mr. Hamm's trial is set for...
REPORT AND RECOMMENDATION AND ORDER VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION This matter is before the court on the pro se petition of Steven Duncan pursuant to 28 U.S.C. 2254. See Docket No. 1. Mr. Duncan is currently incarcerated at the Yankton Community Work Center, a prison of the state of South Dakota, pursuant to a state court conviction. See Docket No. 11. Respondents have moved to dismiss Mr. Duncan's petition. See Docket No. 8. This matter was referred to...
REPORT & RECOMMENDATION VERONICA L. DUFFY , Magistrate Judge . INTRODUCTION Movant, James Chandler Mound, has filed a pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. See Docket No. 1. 1 Now pending is a motion to dismiss by respondent the United States of America ("government"). See Docket No. 15. Mr. Mound did not file a response to the motion. This matter has been referred to this magistrate judge pursuant to 28 U.S.C. 636(b)(1)(A) & (B)...
ORDER DENYING MOTION TO DISMISS INDICTMENT AND MOTION TO STAY JURY TRIAL KAREN E. SCHREIER , District Judge . Defendant Robert Larry Lytle moves to dismiss the indictment with prejudice because this matter was instituted by an attorney not authorized to practice before this court. Docket 103. Lytle also moves for the court to stay the jury trial for this case until such time as the United States Court of Appeals for the Eighth Circuit decides the appeal currently pending in the civil...
ORDER KAREN E. SCHREIER , District Judge . Plaintiff, Joseph R. Flying Horse, is an inmate at the South Dakota State Penitentiary in Sioux Falls. Flying Horse filed an amended complaint, alleging that defendants violated his constitutional rights. Docket 9. After screening his amended complaint, the court found that Flying Horse had stated claims under the Fourteenth Amendment for violating his rights by illegally detaining him and under the First Amendment for retaliation. Docket 27....
ORDER ADOPTING REPORT AND RECOMMENDATION ROBERTO A. LANGE , District Judge . Defendant Zachery Lee Ziegler is charged with voluntary manslaughter. Ziegler moved to suppress statements he made during an interview with an FBI agent. Doe. 37. Magistrate Judge Mark A. Moreno held an evidentiary hearing during which he received a recording of the interview and heard testimony from two law enforcement officers. On November 29, 2017, Judge Moreno issued a report and recommendation finding that...
REPORT AND RECOMMENDATION FOR DISPOSITION OF MOTION TO SUPPRESS STATEMENT MARK A. MORENO , Magistrate Judge . Zachary Ziegler is charged with killing a man he came face to face with, in a sudden quarrel and heat of passion, by striking and beating him. He seeks to suppress his warned statements while still in custody after being arrested the day before and asking for a lawyer. Because the statements were procured in violation of Ziegler's right to counsel but were nonetheless made...
OPINION AND ORDER ON PENDING MOTIONS ROBERTO A. LANGE , District Judge . The United States indicted these Defendants in a ten-count indictment. Defendants Dakota James Marshall, Danielle Marissa White Eyes, and Ronald Moran have entered into plea agreements and have pleaded guilty to resolve federal charges against them. Defendant Jeremiah R. Wain (Jeremiah), Jesse J. Wain (Jesse), and Dominic Joseph Stoneman (Stoneman) presently are set to be tried together during the week of January 2,...
OPINION AND ORDER REVERSING AND REMANDING THE DECISION OF COMMISSIONER ROBERTO A. LANGE , District Judge . Plaintiff Kodee R. Beckett (Beckett) seeks reversal of the decision of the Acting Commissioner of Social Security (Commissioner) denying her claim for supplemental security income (SSI) under Title XVI of the Social Security Act, 42 U.S.C. 1382. Doc. 17. The Commissioner argues for affirming denial of benefits. Doc. 19. For the reasons explained below, this Court vacates and remands...
ORDER DENYING PLAINTIFF'S MOTION AND GRANTING DEFENDANT'S MOTION KAREN E. SCHREIER , District Judge . Plaintiff, Dean Cressman, brought this lawsuit against defendant, National Union Fire Insurance Company of Pittsburgh, PA, for underinsured motorist benefits after plaintiff's car accident. Plaintiff moves for a default judgment after the Clerk's entry of default. Docket 10. Defendant moves to set aside the entry of default. Docket 14. For the reasons stated below, this court denies...
OPINION AND ORDER CHARLES B. KORNMANN , District Judge . Defendants filed a motion to amend their answer, counterclaim, and third party complaint to include a request for declaratory relief. Plaintiff resists the motion, contending that the proposed amendment would be futile. Pursuant to Fed. R. Civ. P. 15(a)(2), the "court should freely give leave [to amend a pleading] when justice so requires." "Unless there is a good reason for denial, `such as undue delay, bad faith, or dilatory...
ORDER DENYING SECOND MOTION FOR APPOINTMENT OF COUNSEL DOCKET NO. 20 VERONICA L. DUFFY , Magistrate Judge . Petitioner, Adrian Fool Bull has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. Mr. Fool Bull's petition was referred to this magistrate judge pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and the October 16, 2014, standing order of the Honorable Karen E. Schreier, United States District Judge. Mr. Fool Bull has filed a second motion asking the court to...
ORDER DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT KAREN E. SCHREIER , District Judge . Plaintiffs brought this action naming Shantel Krebs in her official capacity as Secretary of State of South Dakota and Marty Jackley in his official capacity as Attorney General of South Dakota as defendants. Plaintiffs allege two constitutional challenges to South Dakota's ballot access laws. Docket 85. Pending before the court are the parties' cross motions for summary judgment on both constitutional...
ORDER KAREN E. SCHREIER , District Judge . Defendants move the court to enter a protective order. Docket 29. Under Rule 26(c), "the court has discretion to stay discovery on other issues until the critical issue has been decided." 8A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure 2040 (3d ed. 2010). A stay of discovery is within the district court's discretion and is reviewed by the appellate court for an abuse of that discretion. Steinbuch v. Cutler, 518 F....
ORDER DENYING MOTION TO DISMISS COUNTS II AND III KAREN E. SCHREIER , UNITED STATES DISTRICT JUDGE . On April 25, 2017, plaintiffs, Stephen and Dianne Landon, filed a complaint alleging breach of contract, bad faith, punitive damages, and vexatious refusal to pay against defendant, American Family Mutual Insurance Company. Docket 1. American Family moves to dismiss Count II (bad faith) and Count III (punitive damages) of the complaint for failure to state a claim under Federal Rule of...
ORDER KAREN E. SCHREIER , District Judge . Defendants move the court to enter a protective order. Docket 29. Under Rule 26(c), "the court has discretion to stay discovery on other issues until the critical issue has been decided." 8A Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure 2040 (3d ed. 2010). A stay of discovery is within the district court's discretion and is reviewed by the appellate court for an abuse of that discretion. Steinbuch v. Cutler , 518 F....
AMENDED ORDER DENYING IN PART AND GRANTING IN PART MOTION TO AMEND AND MISCELLANEOUS OTHER MOTIONS KAREN E. SCHREIER , District Judge . INTRODUCTION Plaintiff, Haider Salah Abdulrazzak, is an inmate at the Mike Durfee State Prison in Springfield, South Dakota. He filed a pro se civil rights lawsuit under 42 U.S.C. 1983. Docket 1. Abdulrazzak was later granted permission to amend his complaint. Docket 13. He now has filed multiple motions to amend his complaint again. Dockets 17,18, 31,...
ORDER DENYING IN PART AND GRANTING IN PART MOTION TO AMEND AND MISCELLANEOUS OTHER MOTIONS KAREN E. SCHREIER , District Judge . INTRODUCTION Plaintiff, Haider Salah Abdulrazzak, is an inmate at the Mike Durfee State Prison in Springfield, South Dakota. He filed a pro se civil rights lawsuit under 42 U.S.C. 1983. Docket 1. Abdulrazzak was later granted permission to amend his complaint. Docket 13. He now has filed multiple motions to amend his complaint again. Dockets 17,18, 31, 44. The...
ORDER DISMISSING COMPLAINT IN PART AND DIRECTING SERVICE IN PART LAWRENCE L. PIERSOL , District Judge . Plaintiff, Winston Grey Brakeall, is an inmate at Mike Durfee State Prison (MDSP) in Springfield, South Dakota. Brakeall filed a pro se civil rights lawsuit pursuant to 42 U.S.C. 1983. Brakeall was granted leave to proceed in forma pauperis. Docket 6. The Court has "screened" this case pursuant to 28 U.S.C. 1915A. For the following reasons, the court dismisses Brakeall's complaint in...
