Case: Walker v. Barnett

4:20-cv-04059 | U.S. District Court for the District of South Dakota

Filed Date: 2020

Clearinghouse coding in progress

Case Summary

NOTE: This case is being tracked in close to real time by the Stanford/MIT Healthy Elections Project. So for information, see their tracker.

According to their summary as of 10/15/2020,

Plaintiff started circulating petition to be on ballot for US Senate, but because of Covid-19, social distancing recommendations, and lack of alternative ways to circulate the petition by the Secretary of State and unknown federal employyes, he files a pro se civil suit against the US, the unknown federal employees, two state employees (the Secretary of State and Department of Labor) in the USDC Dist of SD. Plaintiff additionally states that the Dept of Labor delayed his workers comp payment and treatment, adding to his inability to be placed on the ballot. Plaintiff requests federal injunction for his name to be placed on the ballot, $1M+ for loss of income, and a "declared emergency."

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17026217/parties/walker-v-barnett/


Judge(s)

Schreier, Karen E (South Dakota)

Attorney for Defendant

Farris, Holly R. (South Dakota)

Mines-Bailey, Ana F. (South Dakota)

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Documents in the Clearinghouse

Document

4:20-cv-04059

Docket [PACER]

Oct. 20, 2020

Oct. 20, 2020

Docket
1

4:20-cv-04059

Complaint

Clayton v. Barnett

March 30, 2020

March 30, 2020

Complaint
56

4:20-cv-04059

Order Granting Defendants' Motion to Dismiss, Denying Defendants' Motion for Extension of Time, and Denying Plaintiff's Motions

Sept. 22, 2020

Sept. 22, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17026217/walker-v-barnett/

Last updated April 18, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

Complaint (COURT USE ONLY)

March 30, 2020

March 30, 2020

PACER
2

Proceed In Forma Pauperis

March 30, 2020

March 30, 2020

PACER
3

Miscellaneous Relief

March 30, 2020

March 30, 2020

PACER
4

NOTICE TO PLAINTIFF: The Clerks Office has received your Complaint together with an Application to Proceed without Prepaying Fees or Costs. A new case has been opened. Copy of docket sheet sent to plaintiff. CM/ECF Pro Se Litigant Application Form also 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) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

New Case Letter - Nonprisoner Case

April 9, 2020

April 9, 2020

PACER
5

Miscellaneous Relief

April 13, 2020

April 13, 2020

PACER
6

Affidavit in Support of Motion

April 13, 2020

April 13, 2020

PACER
7

Miscellaneous Relief

April 13, 2020

April 13, 2020

PACER
8

Miscellaneous Relief

April 13, 2020

April 13, 2020

PACER
9

Miscellaneous Relief

May 4, 2020

May 4, 2020

PACER
10

Miscellaneous Relief

May 4, 2020

May 4, 2020

PACER
11

Notice of Change of Address

May 4, 2020

May 4, 2020

PACER
12

Miscellaneous Relief

May 4, 2020

May 4, 2020

PACER
13

ORDER denying 9 Motion to be allowed to submit documents for filing by email. The Clerk of Courts sent Mr. Walker a CM/ECF Pro Se Litigant Applicaiton Form on April 9, 2020. This form sets forth rules and procedures for using the CM/ECF system. If Mr. Walker wants the court to consider his motion to be authorized to file documents using the CM/ECF system, he must complete this form and file it. The court will then consider his motion. The court has no other mechanism to authorize the filing of documents by email. Signed by U.S. District Judge Karen E. Schreier on May 5, 2020. (Schreier, Karen) Modified on 5/5/2020. Sent to Clayton G. Walker via USPS (SKK). (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

Order on Motion for Miscellaneous Relief

May 5, 2020

May 5, 2020

PACER
14

ORDER denying as moot 10 Motion to file documents by email. For the same reasons stated in docket 13, this motion is denied. Signed by U.S. District Judge Karen E. Schreier on May 5, 2020. (Schreier, Karen) Modified on 5/5/2020. Sent to Clayton G. Walker via USPS (SKK). (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

15

Miscellaneous Relief

May 6, 2020

May 6, 2020

PACER
16

Request for Issuance of Summons(es)

May 15, 2020

May 15, 2020

PACER
18

Miscellaneous Relief

May 18, 2020

May 18, 2020

PACER
19

ORDER granting 2 Motion for Leave to Proceed in forma pauperis; denying as moot 3 Motion for Summons; denying 5 Motion for Declared Emergency; denying 7 Motion for Oral Arguments; denying 8 Motion for Legal Assistant; denying 12 Se cond Motion for Declared Emergency; and denying 15 Third Motion for Declared Emergency. Signed by U.S. District Judge Karen E. Schreier on 5/19/2020. (CLR) Modified on 5/19/2020 delivered to Clayton Walker with sample Summons and USM 285 form and blank Summons and USM 285 form via USPS (CLR).

May 19, 2020

May 19, 2020

RECAP
20

Miscellaneous Relief

May 20, 2020

May 20, 2020

PACER
21

Miscellaneous Relief

May 20, 2020

May 20, 2020

PACER
22

Miscellaneous Relief

May 20, 2020

May 20, 2020

PACER
23

Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief AND Order on Motion for Miscellaneous Relief

May 20, 2020

May 20, 2020

PACER
24

Notice of Change of Address

May 22, 2020

May 22, 2020

PACER
25

Hearing

May 22, 2020

May 22, 2020

PACER
26

Summons Issued

May 22, 2020

May 22, 2020

PACER
27

Objection

June 1, 2020

June 1, 2020

PACER
28

ORDER denying 25 Motion for Hearing. Mr. Walker argues that he is entitled to a hearing on his motions under the due process clause. In the event this matter goes to trial or a hearing on the merits, he will be afforded a hearing. But a litigant is not entitled to a hearing on every motion that is filed in a case. Most matters can be addressed based on the written motions and responses without a hearing. At docket 27, Mr. Walker objects to the court's prior screening order that dismissed the claims against the United States and the federal employees. He argues that the Tucker Act waives sovereign immunity. But that applies to contracts and takings claims−−neither of which is alleged here. He also argues that Bivens would allow relief. The court already addressed in its screening order why Bivens does not apply here. Walker contends sovereign immunity is waived by the Federal Tort Claims Act. But the Federal Tort Claims Act requires a party to present a claim to the appropriate Federal Agency and the Agency must deny the claim before the Federal Court has jurisdiction over a federal tort claim. See 28 U.S.C. section 2675(a). Walker has not alleged that this claim was submitted to a federal agency and denied. As a result, the claims against the United States and the federal employees were dismissed as frivolous. Signed by U.S. District Judge Karen E. Schreier on June 2, 2020. (Schreier, Karen) Modified on 6/3/2020. Sent to Clayton G. Walker via USPS (SKK). (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

Order on Motion for Hearing

June 2, 2020

June 2, 2020

PACER
29

Summons Returned Executed

June 4, 2020

June 4, 2020

PACER
30

Notice of Appearance

June 17, 2020

June 17, 2020

PACER
31

Dismiss

June 17, 2020

June 17, 2020

PACER
32

Memorandum in Support of Motion

June 17, 2020

June 17, 2020

PACER
33

Certificate

June 17, 2020

June 17, 2020

PACER
34

Notice of Appearance

June 17, 2020

June 17, 2020

PACER
35

Reconsideration

June 26, 2020

June 26, 2020

PACER
36

Affidavit

June 26, 2020

June 26, 2020

PACER
37

Entry of Default

June 26, 2020

June 26, 2020

PACER
38

Affidavit

June 26, 2020

June 26, 2020

PACER
39

Brief

June 26, 2020

June 26, 2020

PACER
40

Certificate of Service

June 26, 2020

June 26, 2020

PACER
41

Extend

June 29, 2020

June 29, 2020

PACER
42

Notice

July 6, 2020

July 6, 2020

PACER
43

Affidavit

July 6, 2020

July 6, 2020

PACER
44

Reply

July 10, 2020

July 10, 2020

PACER
45

Default Judgment

July 15, 2020

July 15, 2020

PACER
46

Affidavit in Support of Motion

July 15, 2020

July 15, 2020

PACER
47

Default Judgment

July 20, 2020

July 20, 2020

PACER
48

Affidavit in Support of Motion

July 20, 2020

July 20, 2020

PACER
49

Brief

July 21, 2020

July 21, 2020

PACER
50

Notice of Withdrawal of Attorney

July 23, 2020

July 23, 2020

PACER
51

Request

Aug. 17, 2020

Aug. 17, 2020

PACER
52

Miscellaneous Relief

Aug. 17, 2020

Aug. 17, 2020

PACER
53

Affidavit in Support of Motion

Aug. 17, 2020

Aug. 17, 2020

PACER
54

Request

Aug. 17, 2020

Aug. 17, 2020

PACER
55

Notice

Aug. 31, 2020

Aug. 31, 2020

PACER
56

ORDER denying 35 Motion for Reconsideration; denying 37 Motion for Entry of Default; denying as moot 41 Motion to Extend; denying 45 Motion for Default Judgment; denying 47 Motion for Default Judgment; denying 52 Motion for Liberal Construction; and granting 31 Motion to Dismiss. Signed by U.S. District Judge Karen E. Schreier on 9/22/2020. (CLR)

Sept. 22, 2020

Sept. 22, 2020

RECAP
56

ORDER denying 35 Motion for Reconsideration; denying 37 Motion for Entry of Default; denying as moot 41 Motion to Extend; denying 45 Motion for Default Judgment; denying 47 Motion for Default Judgment; denying 52 Motion for Liberal Construction; and granting 31 Motion to Dismiss. Signed by U.S. District Judge Karen E. Schreier on 9/22/2020. (CLR)

Sept. 22, 2020

Sept. 22, 2020

RECAP
56

ORDER denying 35 Motion for Reconsideration; denying 37 Motion for Entry of Default; denying as moot 41 Motion to Extend; denying 45 Motion for Default Judgment; denying 47 Motion for Default Judgment; denying 52 Motion for Liberal Construction; and granting 31 Motion to Dismiss. Signed by U.S. District Judge Karen E. Schreier on 9/22/2020. (CLR)

Sept. 22, 2020

Sept. 22, 2020

RECAP
57

Judgment

Sept. 22, 2020

Sept. 22, 2020

PACER
57

Judgment

Sept. 22, 2020

Sept. 22, 2020

PACER
57

Judgment

Sept. 22, 2020

Sept. 22, 2020

PACER
58

Notice of Appeal

Oct. 20, 2020

Oct. 20, 2020

PACER
58

Notice of Appeal

Oct. 20, 2020

Oct. 20, 2020

PACER
58

Notice of Appeal

Oct. 20, 2020

Oct. 20, 2020

PACER
59

Transmittal of Notice of Appeal to 8th Circuit COA

Oct. 20, 2020

Oct. 20, 2020

PACER
59

Transmittal of Notice of Appeal to 8th Circuit COA

Oct. 20, 2020

Oct. 20, 2020

PACER
59

Transmittal of Notice of Appeal to 8th Circuit COA

Oct. 20, 2020

Oct. 20, 2020

PACER
60

Notice of Appeal

Oct. 20, 2020

Oct. 20, 2020

PACER
60

Notice of Appeal

Oct. 20, 2020

Oct. 20, 2020

PACER
60

Notice of Appeal

Oct. 20, 2020

Oct. 20, 2020

PACER
61

Transmittal of Notice of Appeal to 8th Circuit COA

Oct. 20, 2020

Oct. 20, 2020

PACER
61

Transmittal of Notice of Appeal to 8th Circuit COA

Oct. 20, 2020

Oct. 20, 2020

PACER
61

Transmittal of Notice of Appeal to 8th Circuit COA

Oct. 20, 2020

Oct. 20, 2020

PACER
62

USCA Case Number and Briefing Schedule

Oct. 20, 2020

Oct. 20, 2020

PACER
62

USCA Case Number and Briefing Schedule

Oct. 20, 2020

Oct. 20, 2020

PACER
62

USCA Case Number and Briefing Schedule

Oct. 20, 2020

Oct. 20, 2020

PACER
63

USCA Opinion

April 12, 2021

April 12, 2021

PACER
63

USCA Opinion

April 12, 2021

April 12, 2021

PACER
63

USCA Opinion

April 12, 2021

April 12, 2021

PACER
64

USCA Judgment

April 12, 2021

April 12, 2021

PACER
64

USCA Judgment

April 12, 2021

April 12, 2021

PACER
64

USCA Judgment

April 12, 2021

April 12, 2021

PACER
65

USCA Order

June 4, 2021

June 4, 2021

PACER
65

USCA Order

June 4, 2021

June 4, 2021

PACER
65

USCA Order

June 4, 2021

June 4, 2021

PACER
66

USCA Mandate

June 11, 2021

June 11, 2021

PACER
66

USCA Mandate

June 11, 2021

June 11, 2021

PACER
66

USCA Mandate

June 11, 2021

June 11, 2021

PACER
67

Letter Re Writ of Certiorari

Nov. 18, 2021

Nov. 18, 2021

PACER
67

Letter Re Writ of Certiorari

Nov. 18, 2021

Nov. 18, 2021

PACER
67

Letter Re Writ of Certiorari

Nov. 18, 2021

Nov. 18, 2021

PACER
68

Letter Re Writ of Certiorari

Jan. 19, 2022

Jan. 19, 2022

PACER
68

Letter Re Writ of Certiorari

Jan. 19, 2022

Jan. 19, 2022

PACER
68

Letter Re Writ of Certiorari

Jan. 19, 2022

Jan. 19, 2022

PACER

Case Details

State / Territory: South Dakota

Case Type(s):

Election/Voting Rights

Special Collection(s):

COVID-19 (novel coronavirus)

Healthy Elections COVID litigation tracker

Key Dates

Filing Date: 2020