This case was last updated from U.S. District Courts on 10/01/2021 at 09:02:40 (UTC).

Xayamonty v. Warden Bennett

Case Summary

On 08/02/2021 Xayamonty filed a Prisoner - Other Prisoner lawsuit against Warden Bennett. This case was filed in U.S. District Courts, South Dakota District. The Judges overseeing this case are Karen E. Schreier and Veronica L. Duffy. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-04133

  • Filing Date:

    08/02/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Prisoner - Other Prisoner

Judge Details

Presiding Judge

Karen E. Schreier

Referral Judge

Veronica L. Duffy

 

Party Details

Petitioner

Khamsay Xayamonty

Yankton, SD 57078

Respondents

Warden Bennett

BOP

Attorney/Law Firm Details

Respondent Attorneys

Alison J. Ramsdell

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

Po Box 2638

Sioux Falls, SD 57101-2638

Civil United States Attorney

Po Box 2638

Sioux Falls, SD 57101-2638

 

Court Documents

#16

#15

14 #1

Attachment Signature Page

#14

12 #1

Emails

#12

11 #5

Exhibit E - Inmate History - WASPB

11 #3

Exhibit C - Inmate History - Drug Pgms.

11 #2

Exhibit B - Inmate History - First Step

11 #1

Exhibit A - Public Information Inmate Data

#11

#10

#9

#8

#7

#6

1 #1

Administrative Remedy Documents

#1

16 More Documents Available

 

Docket Entries

  • 09/29/2021
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  • Docket(#17) MOTION to Appoint Counsel in re #16 OBJECTION to Report and Recommendation (page 1) by Khamsay Xayamonty. (MSB) (Entered: 09/29/2021)

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  • 09/29/2021
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  • Docket(#16) OBJECTION to #15 Report and Recommendation by Khamsay Xayamonty. (MSB) (Entered: 09/29/2021)

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  • 09/20/2021
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  • Docket(#15) REPORT AND RECOMMENDATIONS re #9 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), #12 MOTION For Emergency Order for Immediate RRC Submission Under the Second Chance Act Law Due to BOP Failure Objections to R&R due by 10/4/2021. Signed by US Magistrate Judge Veronica L. Duffy on 09/20/21. (Duffy, Veronica) Modified on 9/20/2021 delivered to Petitioner via USPS (CLR). (Entered: 09/20/2021)

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  • 09/13/2021
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  • Docket(#14) RESPONSE to Motion re #9 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by Khamsay Xayamonty. (Signature page returned to plaintiff for signature.) (MSB) (Additional attachment(s) added on 9/20/2021: #1 Attachment: Signature Page, Received 9/20/2021) (MSB). (Entered: 09/13/2021)

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  • 09/10/2021
  • Docket(#13) TEXT ORDER regarding petitioner Xayamonty's emergency motion--Docket No. 12. There are many other 2241 petitions pending before the court from inmates at YFC. They will be handled in order of filing. Mr. Xayamonty's petition is not the oldest such filing and will not be handled out of turn. Signed by US Magistrate Judge Veronica L. Duffy on 09/10/21. (Duffy, Veronica) Modified on 9/10/2021 cc: Khamsay Xayamonty via USPS (KLE). (Entered: 09/10/2021)

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  • 09/08/2021
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  • Docket(#12) MOTION For Emergency Order for Immediate RRC Submission Under the Second Chance Act Law Due to BOP Failure by Khamsay Xayamonty. (Attachments: #1 Emails) (MSB) (Entered: 09/08/2021)

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  • 08/31/2021
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  • Docket(#11) DECLARATION of JILL STERNHAGEN re #9 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim , #10 Memorandum in Support of Motion . (Attachments: #1 Exhibit A - Public Information Inmate Data, #2 Exhibit B - Inmate History - First Step, #3 Exhibit C - Inmate History - Drug Pgms., #4 Exhibit D - Inmate History - PT Other, #5 Exhibit E - Inmate History - WASPB) (Ramsdell, Alison) (Entered: 08/31/2021)

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  • 08/31/2021
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  • Docket(#10) MEMORANDUM in Support re #9 MOTION to DISMISS for Lack of Jurisdiction MOTION to DISMISS for Failure to State a Claim filed by BOP, Warden Bennett. (Ramsdell, Alison) (Entered: 08/31/2021)

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  • 08/31/2021
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  • Docket(#9) MOTION to DISMISS for Lack of Jurisdiction , MOTION to DISMISS for Failure to State a Claim by BOP, Warden Bennett. (Ramsdell, Alison) (Entered: 08/31/2021)

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  • 08/20/2021
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  • Docket(#8) RETURN OF SERVICE re. US Attorney General. (MSB) (Entered: 08/20/2021)

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  • 08/20/2021
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  • Docket(#7) RETURN OF SERVICE re. Director of BOP. (MSB) (Entered: 08/20/2021)

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  • 08/16/2021
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  • Docket(#6) NOTICE of Appearance by Alison J. Ramsdell on behalf of BOP, Warden Bennett. (Ramsdell, Alison) (Entered: 08/16/2021)

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  • 08/10/2021
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  • DocketTEXT CERTIFICATE OF CLERK - The Clerk has served an AO85 and a copy/copies of #1 Petition for Writ of Habeas Corpus (28:2241) and #4 Order on Motion for Leave to Proceed in forma pauperis 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. (MSB) (Entered: 08/10/2021)

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  • 08/10/2021
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  • Docket(#5) NOTICE of AO85. (Attachments: #1 AO85)(MSB) (Entered: 08/10/2021)

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  • 08/10/2021
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  • Docket(#4) ORDER denying as moot #2 Motion for Leave to Proceed in forma pauperis and directing service upon respondents. Signed by US Magistrate Judge Veronica L. Duffy on 08/10/2021. (MSB) Sent to petitioner on 8/10/2021 (MSB). (Entered: 08/10/2021)

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  • 08/06/2021
  • DocketRECEIPT of Initial Filing Fee from Khamsay Xayamonty. Amount Paid: $5.00. Receipt No.: SDX400054914. (VMM) (Entered: 08/06/2021)

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  • 08/02/2021
  • Docket(#3) NOTICE TO PETITIONER: The Clerks Office has received your Petition for a Writ of Habeas Corpus Under 28 U.S.C. 2241 together with a Motion to Proceed without Prepayment of Fees and Declaration. Although a new case has been opened, your motion to proceed without prepayment of fees may be denied unless you return the enclosed Prisoner Trust Account Report (to be completed by the institution where you are incarcerated.) Copy of docket sheet and Prisoner Trust Account Report 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. A request to electronically file documents in your case must be made through the PACER Service Center at www.pacer.uscourts.gov. 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. (MSB) (Entered: 08/02/2021)

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  • 08/02/2021
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  • Docket(#2) MOTION for Leave to Proceed in forma pauperis by Khamsay Xayamonty. (MSB) (Entered: 08/02/2021)

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  • 08/02/2021
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  • Docket(#1) PETITION for Writ of Habeas Corpus pursuant to 28:2241. (Attachments: #1 Administrative Remedy Documents) (MSB) (Entered: 08/02/2021)

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