Peneaux v. United States of America, No. 3:2023cv03023 - Document 3 (D.S.D. 2024)

Court Description: OPINION AND ORDER dismissing Petition. Signed by Chief Judge Roberto A. Lange on 1/2/2024. (SLT) Modified on 1/2/2024 delivered to Sherman Todd Peneaux via usps(SLT).

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Peneaux v. United States of America Doc. 3 UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA CENTRAL DIVISION SHERMAN TODD PENEAUX, 3:23-CV-03023-RAL Petitioner, OPINION AND ORDER DISMISSING PETITION vs. UNITED STATES OF AMERICA, Respondent. Petitioner Sherman Todd Peneaux filed this petition for a writ of habeas corpus under 28 U.S.C. § 2241. Doc. 1. Although Peneaux does not state that he is ehallenging the validity of his conviction or sentence,^id at 4, he requests that the Court overturn his conviction or correct his sentence. Id. at 8. I. Procedural Background Peneaux was sentenced by "Federal Court in Rapid City[,] South Dakota[,]" but he does not provide the criminal docket number or date of sentencing. Id Similarly, Peneaux did not provide the date of filing, docket number, case number or opinion number for any of the three appeals his petition alleges he filed. Id at 2-4. This Court takes judicial notice of the file in Peneaux's underlying criminal conviction in the District of South Dakota, United States v. Sherman T. Peneaux. 3:03-cr-30025-RAL.^ A jury convicted Peneaux of four counts of 1 Citations to Peneaux's criminal case hereafter will be "CR Doc." followed by the document number from the Case Management/Electronic Case Filing (CM/ECF) system. Citations to pleadings from the present case, 3:23-CV-03023-RAL, in which this Opinion and Order is being entered will be "Doc." followed by the CM/ECF document number. Dockets.Justia.com

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