Feiock v. Dooley et al

Filing 6

ORDER directing service. Signed by U.S. District Judge Charles B. Kornmann on 03/05/2015. (SAT)

UNITED STATES DISTRICT COURT

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DISTRICT OF SOUTH DAKOTA

MAR 0 6 2015

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NORTHERN DIVISION

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MARK ANTHONY FEIOCK,

1:15-CV-01016-CBK

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Petitioner,
ORDER

vs.

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BOB DOOLEY, WARDEN - SDSP; AND
MARTY JACKLEY, THEATORNEY
GENERAL OF THE STATE OF SD;

Respondents.
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Petitioner was convicted of aggravated assault and simple assault and sentenced in the
Fifth Judicial Circuit Court for Brown County to 60 years in the state penitentiary on May 13,
1999. He appealed his conviction and sentences and the South Dakota Supreme Court
summarily affirmed on February 22, 2000, in an unpublished opinion. State v. Feiock, 608
NW2d 329 (SD 2000) (table). Petitioner filed a state court habeas petition on May 2, 2000. As
is all too common in the Fifth Judicial Circuit, the petition languished for many years despite the
appointment of counsel. The petition was finally denied on July 25, 2014. Such delay is
unconscionable. The Circuit Court denied a certificate of probable cause on October 22, 2014,
but notice of entry was not provided to petitioner until December 17, 2014.
I set forth at some length in Dosch v. Dooley, et al., 1:14-cv-01016, in Doc. 18, filed on
December 22, 2104, what is a wholesale failure to follow South Dakota habeas corpus statutes.
Such order is incorporated herein by reference.
Petitioner filed a motion for an evidentiary hearing and a motion for appointment of
counsel. Those motions are not yet ripe for consideration.
Petitioner contends that his Sixth Amendment right to the effective assistance of counsel
was violated. I have conducted an initial consideration of the petition for a writ of habeas

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corpus, as required by Rule 4 of the Rules Governing Section 2254 Proceedings for the United
States District Courts.
Now, therefore,
IT IS ORDERED:
1. The Clerk of Court shall serve by certified mail a copy of the petition and this order
upon the respondent Robert Dooley and the Attorney General of the State of South Dakota,
pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District
Courts.
2. The respondents shall serve and file an answer or responsive pleading to the petition,
together with a legal brief or memorandum in support thereof, on or before thirty days following
service of the petition.
DATED this

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5-.:fry of March, 2015.
BY THE COURT:

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United States District Judge

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