This case was last updated from PACER on 08/07/2020 at 17:25:52 (UTC).

Schwarting v. United States of America

Case Summary

On 06/08/2020 Schwarting filed a Prisoner - Vacate Sentence lawsuit against United States of America. This case was filed in U.S. District Courts, South Dakota District. The Judges overseeing this case are Jeffrey L. Viken and Daneta Wollmann. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:20-CV-05039

  • Filing Date:

    06/08/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Vacate Sentence

  • Court:

    U.S. District Courts

  • Courthouse:

    South Dakota District

Judge Details

Presiding Judge

Jeffrey L. Viken

Referral Judge

Daneta Wollmann

 

Party Details

Plaintiff

David J. Schwarting

Rapid City, SD 57702

Respondent

United States of America

Attorney/Law Firm Details

Respondent Attorneys

Kevin Koliner

Attorney at U.S. Attorney's Office (Sioux Falls, SD)

Po Box 2638

Sioux Falls, SD 57101-2638

Stephanie C. Bengford

Attorney at U.S. Attorney's Office (Sioux Falls, SD)

Po Box 2638, 357.2341, Fax: 330.4402

Sioux Falls, SD 57101-2638

 

Court Documents

#18

(#18) CERTIFICATE of Service by United States of America (Bengford, Stephanie) (Entered: 07/28/2020)

#17

(#17) Attorney-Client Privilege Waiver as to George Grassby signed by Plaintiff David J. Schwarting. (CLR) (Entered: 07/27/2020)

16 #1

Attachment Attorney-Client Privilege Waiver

#16

(#16) ORDER granting #14 Motion for Order Directing Former Defense Counsel to Respond. Signed by US Magistrate Judge Daneta Wollmann on 7/22/2020. (Attachments: #1 Attachment Attorney-Client Privilege Waiver) (SC) (Entered: 07/22/2020)

#15

(#15) MEMORANDUM in Support re #14 MOTION for Order Directing former defense counsel to respond to claims of ineffective assistance and violation of petitioner's constitutional rights filed by David J. Schwarting. (CLR) (Entered: 07/21/2020)

#14

(#14) MOTION for Order directing former defense counsel to respond to claims of ineffective assistance and violation of petitioner's constitutional rights by David J. Schwarting. (CLR) (Entered: 07/21/2020)

#13

(#13) CERTIFICATE of Service to Jamy Patterson Re Attorney-Client Privilege Waiver by United States of America (Bengford, Stephanie) (Entered: 07/21/2020)

#12

(#12) CERTIFICATE of Service to Paul Winter Re Attorney-Client Privilege Waiver by United States of America (Bengford, Stephanie) (Entered: 07/21/2020)

#11

(#11) ORDER denying #9 Motion to Electronically File Documents in CM/ECF. Signed by U.S. District Judge Jeffrey L. Viken on 7/17/2020. (CLR) (Entered: 07/20/2020)

10 #1

waiver as to Jamy Patterson

#10

(#10) Attorney-Client Privilege Waiver as to Paul Winter signed by Plaintiff David J. Schwarting. (Attachments: #1 Attorney-Client Privilege Waiver as to Jamy Patterson) (TAL) (Entered: 07/20/2020)

#9

(#9) MOTION to Electronically File Documents. Pro se party David J. Schwarting will now receive electronic notice of unsealed documents filed in this case, but must wait for a Court ruling regarding e-filing. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. by All Plaintiffs. (TAL) (Entered: 07/20/2020)

#8

(#8) CERTIFICATE of Service by United States of America (Bengford, Stephanie) (Entered: 07/15/2020)

7 #2

Attachment

7 #1

Attachment

#7

(#7) ORDER Re: Attorney-Client Privilege Waiver; granting #5 Motion for Extension of Time; and Directing Former Defense Counsel to Respond. Signed by US Magistrate Judge Daneta Wollmann on 7/14/2020. (Attachments: #1 Attachment, #2 Attachment) (SC) MAILED to Plaintiff on 7/14/2020 (SAC). (Entered: 07/14/2020)

5 #1

Proposed Order

#5

(#5) MOTION to Extend Time to Answer and Order Directing Former Defense Counsel to Respond to Claims of Ineffective Assistance by United States of America. (Attachments: #1 Proposed Order) (Bengford, Stephanie) (Entered: 07/09/2020)

16 More Documents Available

 

Docket Entries

  • 07/28/2020
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  • Docket(#18) CERTIFICATE of Service by United States of America (Bengford, Stephanie) (Entered: 07/28/2020)

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  • 07/27/2020
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  • Docket(#17) Attorney-Client Privilege Waiver as to George Grassby signed by Plaintiff David J. Schwarting. (CLR) (Entered: 07/27/2020)

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  • 07/22/2020
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  • Docket(#16) ORDER granting #14 Motion for Order Directing Former Defense Counsel to Respond. Signed by US Magistrate Judge Daneta Wollmann on 7/22/2020. (Attachments: #1 Attachment Attorney-Client Privilege Waiver) (SC) (Entered: 07/22/2020)

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  • 07/21/2020
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  • Docket(#15) MEMORANDUM in Support re #14 MOTION for Order Directing former defense counsel to respond to claims of ineffective assistance and violation of petitioner's constitutional rights filed by David J. Schwarting. (CLR) (Entered: 07/21/2020)

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  • 07/21/2020
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  • Docket(#14) MOTION for Order directing former defense counsel to respond to claims of ineffective assistance and violation of petitioner's constitutional rights by David J. Schwarting. (CLR) (Entered: 07/21/2020)

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  • 07/21/2020
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  • Docket(#13) CERTIFICATE of Service to Jamy Patterson Re Attorney-Client Privilege Waiver by United States of America (Bengford, Stephanie) (Entered: 07/21/2020)

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  • 07/21/2020
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  • Docket(#12) CERTIFICATE of Service to Paul Winter Re Attorney-Client Privilege Waiver by United States of America (Bengford, Stephanie) (Entered: 07/21/2020)

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  • 07/20/2020
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  • Docket(#11) ORDER denying #9 Motion to Electronically File Documents in CM/ECF. Signed by U.S. District Judge Jeffrey L. Viken on 7/17/2020. (CLR) (Entered: 07/20/2020)

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  • 07/17/2020
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  • Docket(#10) Attorney-Client Privilege Waiver as to Paul Winter signed by Plaintiff David J. Schwarting. (Attachments: #1 Attorney-Client Privilege Waiver as to Jamy Patterson) (TAL) (Entered: 07/20/2020)

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  • 07/17/2020
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  • Docket(#9) MOTION to Electronically File Documents. Pro se party David J. Schwarting will now receive electronic notice of unsealed documents filed in this case, but must wait for a Court ruling regarding e-filing. Refer to the CM/ECF User Manual located on the court website at www.sdd.uscourts.gov for information about accessing documents. by All Plaintiffs. (TAL) (Entered: 07/20/2020)

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  • 07/15/2020
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  • Docket(#8) CERTIFICATE of Service by United States of America (Bengford, Stephanie) (Entered: 07/15/2020)

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  • 07/14/2020
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  • Docket(#7) ORDER Re: Attorney-Client Privilege Waiver; granting #5 Motion for Extension of Time; and Directing Former Defense Counsel to Respond. Signed by US Magistrate Judge Daneta Wollmann on 7/14/2020. (Attachments: #1 Attachment, #2 Attachment) (SC) MAILED to Plaintiff on 7/14/2020 (SAC). (Entered: 07/14/2020)

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  • 07/09/2020
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  • Docket(#6) MEMORANDUM in Support re #5 MOTION to Extend Time to Answer and Order Directing Former Defense Counsel to Respond to Claims of Ineffective Assistance filed by United States of America. (Bengford, Stephanie) (Entered: 07/09/2020)

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  • 07/09/2020
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  • Docket(#5) MOTION to Extend Time to Answer and Order Directing Former Defense Counsel to Respond to Claims of Ineffective Assistance by United States of America. (Attachments: #1 Proposed Order) (Bengford, Stephanie) (Entered: 07/09/2020)

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  • 06/11/2020
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  • Docket(#4) NOTICE of Appearance by Stephanie C. Bengford on behalf of United States of America. (Bengford, Stephanie) (Entered: 06/11/2020)

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  • 06/10/2020
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  • Docket(#3) ORDER for Service. Signed by US Magistrate Judge Daneta Wollmann on 6/10/2020. (SC) Modified on 6/10/2020. Sent to David J. Schwarting via USPS (SKK). (Entered: 06/10/2020)

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  • 06/08/2020
  • Docket(#2) NOTICE TO PLAINTIFF: The Clerks Office has received your Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. 2255. A new case has been opened. Copy of docket sheet sent to plaintiff. 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. (CLR) Modified on 6/9/2020 included CM/ECF Pro Se Litigant Application Form per request from David Schwarting (SLT). (Entered: 06/09/2020)

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  • 06/08/2020
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  • Docket(#1) MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28:2255 Criminal Case No.: 14-50100-02 filed by David J. Schwarting. (Attachments: #1 Attachments) (CLR) (Attachment 1 replaced on 6/10/2020) (CLR). (Entered: 06/09/2020)

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