Nygaard v. Taylor et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
AARIN NYGAARD & TERRANCE STANLEY,
Plaintiffs,
vs.
TRICIA TAYLOR,TED TAYLOR,JR., JESSICA
DUCHENEAUX,ED DUCHENEAUX,
CHEYENNE RIVER SIOUX TRIBAL COURT,
BRENDA CLAYMORE,IN HER OFFICIAL
CAPACITY AS CHIEF JUDGE; CHEYENNE
RIVER SIOUX TRIBAL COURT OF APPEALS;
FRANK POMMERSHEIM,IN HIS OFFICIAL
CAPACITY AS CHIEF JUSTICE; THE SOUTH
DAKOTA DEPARTMENT OF SOCIAL
SERVICES,TODD WALDO,IN HIS OFFICIAL
CAPACITY AS SOCIAL WORKER; AND JENNY
FAR LEE, m HER OFFICAL CAPACITY AS
SOCIAL WORKER;
Defendants.
3;19-CV-03016-RAL
ORDER DIRECTING SERVICE
Petitioners have filed this action for a writ of habeas corpus under 25 U.S.C. § 1303.
Petitioners do not appear to be "prisoners" as that term is defined in 28 U.S.C. § 1915A, so their
petition is not subject to screening under that statute. Olivas v. Nevada ex rel. Dep't ofCorrs.,
856 F.3d 1281, 1282 (9th Cir. 2017)(per curiam)(holding that screening under 1915A applies
only to claims brought by individuals incarcerated at the time they file their complaints); Kane v.
Lancaster Ctv. Dep't of Corrs., 960 F. Supp. 219, 221 (D. Neb. 1997)("Since Kane was not a
prisoner when he sued, this court is not authorized to engage in the screening contemplated by 28
U.S.C. 1915A(a)& (b)."). The record does not contain proof of service on the Respondents and
no summons have been issued. Through staff, this Court confirmed that the Defendants have not
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been served and learned that the attorneys who brought this case wish to add a second plaintiff and
file an amended Petition. Therefore, it is hereby
ORDERED that leave is granted for filing of an amended petition. It is further
ORDERED that the Clerk of Court and Petitioners' attorneys are to arrange for issuance of
summons and that the Petitioners' attorneys arrange service on the Defendants of the amended
petition and a copy ofthis Order. It is further
ORDERED that, with no screening required of the amended petition. Respondents shall
have the usual 21 days after service under Rule 12(a) of the Federal Rules of Civil Proeedure,
unless the time is extended by agreement ofthe parties or order ofthis Court, to file a response to
the amended petition.
DATED this day of May,2020.
BY THE COURT:
ROBERTO A. LANGE
CHIEF JUDGE
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