Rigsby v. Quater et al
Plaintiff: Dennis Ray Rigsby, Jr
Defendant: Sgt. Quater, Cpl. Hayes, Oklahoma Department of Corrections and Sgt. Corder
Case Number: 6:2021cv00309
Filed: October 13, 2021
Court: US District Court for the Eastern District of Oklahoma
Office: Muskogee Office
Presiding Judge: Steven P Shreder
Referring Judge: Ronald A White
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 10, 2021 Opinion or Order Filing 44 SUMMONS Returned Executed re: Sgt. Corder - Served on 12/7/2021. (adw, Deputy Clerk)
December 1, 2021 Opinion or Order Filing 43 MINUTE ORDER by Magistrate Judge Steven P. Shreder, directing the Clerk of Court to issue Civil Summons for the named defendant(s) and to forward the issued Summons to the U.S. Marshal for service. The plaintiff has been granted In Forma Pauperis status.(acg, Deputy Clerk)
December 1, 2021 Opinion or Order Filing 42 SUMMONS Issued by Court Clerk as to Sgt. Corder (acg, Deputy Clerk)
November 2, 2021 Opinion or Order Filing 41 OPINION AND ORDER by District Judge Ronald A. White : Denying #37 Motion for Appointment of Counsel. (acg, Deputy Clerk)
November 1, 2021 Opinion or Order Filing 40 MINUTE ORDER by Magistrate Judge Steven P. Shreder: On June 4, 2021, Plaintiff filed this action in the United States District Court for the Western District of Oklahoma against the Oklahoma Department of Corrections (DOC), Sgt. Quater of Oklahoma State Penitentiary (OSP), and OSP Cpl. Hayes #1 . On August 6, 2021, summonses were issued electronically for the three defendants #16 . On August 20, the Process Receipt and Return was filed for Defendant DOC #17 . No service receipts for Defendants Quatar and Hayes were returned. The case was transferred to the Eastern District of Oklahoma on October 13, 2021 #25 . In response to the Court's Order of October 21, 2021 32 , Plaintiff alleges he submitted the required service documents to the District Court for the Western District, however, there is no record of Defendants Quatar and Hayes having been properly served. Therefore, the Court Clerk is directed to send Plaintiff the USM 285 Forms for Defendants Quatar and Hayes, and Plaintiff is directed to complete and return the forms within twenty (20) days for service by the United States Marshals Service. Failure to return the completed forms as directed will result in dismissal of Defendants Quatar and Hayes. (SPS)(acg, Deputy Clerk)
November 1, 2021 Opinion or Order Filing 39 RESPONSE (Re: #27 Special Report ) titled as "Truths in above case number" by Dennis Ray Rigsby, Jr (acg, Deputy Clerk)
November 1, 2021 Opinion or Order Filing 38 RESPONSE to Order to Show Cause (Re: 32 Minute Order ) by Dennis Ray Rigsby, Jr (acg, Deputy Clerk)
November 1, 2021 Opinion or Order Filing 37 MOTION for Appointment of Counsel by Dennis Ray Rigsby, Jr Responses due by 11/15/2021(acg, Deputy Clerk)
October 26, 2021 Opinion or Order Filing 36 RESPONSE (Re: #27 Special Report ) titled as "to cure deficiencies of Special Report #2." by Dennis Ray Rigsby, Jr (acg, Deputy Clerk)
October 26, 2021 Opinion or Order Filing 35 RESPONSE (Re: #27 Special Report ) by Dennis Ray Rigsby, Jr (acg, Deputy Clerk)
October 22, 2021 Opinion or Order Filing 34 NOTICE of Conventional Filing of Attachment 19 to Special Report (Re: #27 Special Report ) by Oklahoma Department of Corrections (Hawkins, Kari)
October 22, 2021 Opinion or Order Filing 33 SEALED EXHIBITS 6, 7, 8 and 19 (Re: #27 Special Report) by Oklahoma Department of Corrections (Hawkins, Kari)
October 21, 2021 Opinion or Order Filing 32 MINUTE ORDER by Magistrate Judge Steven P. Shreder: Directing Plaintiff to show cause in writing within fourteen (14) days why Defendants Sgt. Quater and Cpl. Hayes should not be dismissed from this action for Plaintiff's failure to serve them within 90 days after filing the complaint, pursuant to Fed. R. Civ. P. 4(m). Failure to show cause as directed will result in dismissal of Defendants Sgt. Quater and Cpl. Hayes from this action without further notice. (acg, Deputy Clerk)
October 21, 2021 Opinion or Order Filing 31 MINUTE ORDER by District Judge Ronald A. White, referring case to Magistrate Judge Steven P. Shreder for all further proceedings in accordance with jurisdiction pursuant to 28 USC 636. All future filings shall bear the case number CIV-21-309-RAW-SPS. (acg, Deputy Clerk)
October 21, 2021 Opinion or Order Filing 30 ORDER by District Judge Ronald A. White granting #28 Motion for Leave to File Attachments Under Seal and directing Defendants to file attachments forthwith. The Court authorizes the electronic filing of documents under seal by counsel. The Clerk shall grant the ability to view sealed documents filed in this case to all attorneys who have entered an appearance in the case and whose appearance has not been terminated. (tls, Deputy Clerk)
October 18, 2021 Opinion or Order Filing 29 MOTION to Dismiss Case for Failure to State a Claim by Oklahoma Department of Corrections Responses due by 11/1/2021(Hawkins, Kari)
October 18, 2021 Opinion or Order Filing 28 MOTION for Leave to File Sealed Attachments 6, 7, 8 and 19 to Special Report by Oklahoma Department of Corrections (With attachments) Responses due by 11/1/2021(Hawkins, Kari)
October 18, 2021 Opinion or Order Filing 27 SPECIAL REPORT by Oklahoma Department of Corrections (With attachments)(Hawkins, Kari)
October 18, 2021 Opinion or Order Filing 26 ATTORNEY APPEARANCE by Kari Y. Hawkins on behalf of Oklahoma Department of Corrections (Hawkins, Kari)
October 13, 2021 Opinion or Order Filing 25 CASE TRANSFERRED IN from the Oklahoma Western
October 13, 2021 Opinion or Order Filing 24 ORDER ADOPTING REPORT AND RECOMMENDATION for #22 Report and Recommendation, to the extent it is consistent with this order, as more fully set out. Signed by Judge David L. Russell on 10/13/21. (jw) [Transferred from okwd on 10/13/2021.]
October 8, 2021 Opinion or Order Filing 23 OBJECTION TO REPORT AND RECOMMENDATION #22 filed by Dennis Ray Rigsby, Jr. (Attachments: #1 Envelope)(knt) [Transferred from okwd on 10/13/2021.]
September 27, 2021 Opinion or Order Filing 22 REPORT AND RECOMMENDATION. The undersigned recommends this matter be transferred to the Eastern District of Oklahoma. The order requiring service and special report (Doc. 13) should be stricken. Objections to R&R due by 10/18/2021. This Report and Recommendation terminates the referral of this matter to the undersigned. Signed by Magistrate Judge Amanda Maxfield Green on 9/27/2021. (rb) [Transferred from okwd on 10/13/2021.]
September 15, 2021 Opinion or Order Filing 21 ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable David L. Russell for all further proceedings. Signed by the direction of Honorable Charles Goodwin on 09/15/2021. (jb) [Transferred from okwd on 10/13/2021.]
September 15, 2021 Opinion or Order Filing 20 ORDER OF RECUSAL. Honorable Charles Goodwin recused. Signed by Honorable Charles Goodwin on 09/15/2021. (jb) [Transferred from okwd on 10/13/2021.]
August 30, 2021 Opinion or Order Filing 19 MOTION for Order titled, "To Request Courts of the Person's Doing Special Report..." by Dennis Ray Rigsby, Jr. Motions referred to Amanda Maxfield Green. (Attachments: #1 Envelope)(jjs) [Transferred from okwd on 10/13/2021.]
August 25, 2021 Opinion or Order Filing 18 LETTER from Dennis Rigsby Jr (Attachments: #1 Envelope) (jjs) [Transferred from okwd on 10/13/2021.]
August 20, 2021 Opinion or Order Filing 17 SUMMONS Returned Executed by Dennis Ray Rigsby, Jr. Oklahoma Department of Corrections served on 8/17/2021. (kmt) [Transferred from okwd on 10/13/2021.]
August 6, 2021 Opinion or Order Filing 16 Summons Issued Electronically as to Dennis Ray Rigsby, Jr. (jjs) [Transferred from okwd on 10/13/2021.]
August 5, 2021 Opinion or Order Filing 15 PRO SE LITIGANT'S REQUEST FOR ISSUANCE OF 3 SUMMONSES by Dennis Ray Rigsby, Jr. (Attachments: #1 Envelope)(jjs) [Transferred from okwd on 10/13/2021.]
August 2, 2021 Opinion or Order Filing 14 NOTICE titled, "Iformation For Special Report" by Dennis Ray Rigsby, Jr (Attachments: #1 Envelope)(jjs) [Transferred from okwd on 10/13/2021.]
July 22, 2021 Opinion or Order Filing 13 ORDER REQUIRING SERVICE AND SPECIAL REPORT. Signed by Magistrate Judge Amanda Maxfield Green on 7/22/2021. (rb) [Transferred from okwd on 10/13/2021.]
July 1, 2021 Opinion or Order Filing 12 LETTER from Dennis Rigsby Jr (Attachments: #1 Envelope) (jjs) [Transferred from okwd on 10/13/2021.]
June 30, 2021 Opinion or Order Filing 11 LETTER from Dennis Rigsby Jr (Attachments: #1 Envelope) (jjs) [Transferred from okwd on 10/13/2021.]
June 30, 2021 Opinion or Order Filing 10 NOTICE (other) titled, "To Present The Court With Information In CIV-21-0574" by Dennis Ray Rigsby, Jr (Attachments: #1 Envelope)(jjs) [Transferred from okwd on 10/13/2021.]
June 29, 2021 Opinion or Order Filing 9 NOTICE titled, "To cure unintentional leaving out of information of Pro Se civil rights complaint" by Dennis Ray Rigsby, Jr (Attachments: #1 Envelope)(kmt) [Transferred from okwd on 10/13/2021.]
June 24, 2021 Opinion or Order Filing 8 ORDER granting #7 Motion for Leave to Proceed in forma pauperis. Plaintiff shall make monthly payments of twenty percent (20%) of the preceding month's income credited to his prison account(s) until he has paid the total filing fee of $350.00. Signed by Magistrate Judge Amanda Maxfield Green on 6/24/2021. (rb) [Transferred from okwd on 10/13/2021.]
June 23, 2021 Opinion or Order Filing 7 MOTION for Leave to Proceed in forma pauperis by Dennis Ray Rigsby, Jr. Motions referred to Amanda Maxfield Green. (Attachments: #1 Exhibit 1 - Average Resident Balance Statement, #2 Envelope)(jjs) [Transferred from okwd on 10/13/2021.]
June 9, 2021 Opinion or Order Filing 6 ORDER to Cure Deficiencies. Signed by Magistrate Judge Amanda Maxfield Green on 6/9/2021. (rb) [Transferred from okwd on 10/13/2021.]
June 7, 2021 Opinion or Order Filing 5 ENTER ORDER REFERRING CASE to Magistrate Judge Amanda Maxfield Green. Motions referred to Amanda Maxfield Green. Entered by the direction of the Honorable Charles Goodwin on 06/07/2021. (knt) [Transferred from okwd on 10/13/2021.]
June 7, 2021 Opinion or Order Filing 4 ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable Charles Goodwin for all further proceedings. Honorable Bernard M. Jones no longer assigned to case. Entered by the direction of the Honorable Bernard M. Jones on 06/07/2021. (knt) [Transferred from okwd on 10/13/2021.]
June 7, 2021 Opinion or Order Filing 3 PREVIOUS Cases. (knt) [Transferred from okwd on 10/13/2021.]
June 4, 2021 Opinion or Order Filing 2 MOTION for Leave to Proceed in forma pauperis by Dennis Ray Rigsby, Jr. (Attachments: #1 Envelope)(knt) [Transferred from okwd on 10/13/2021.]
June 4, 2021 Opinion or Order Filing 1 COMPLAINT against FNU Hayes(individual capacity), FNU Hayes(official capacity), Oklahoma Department of Corrections, FNU Quater(Sgt. Quator Officer at the Oklahoma State Penatentery, official capacity), FNU Quater(Sgt. Quator Officer at the Oklahoma State Penatentery, individual capacity) filed by Dennis Ray Rigsby, Jr. (Attachments: #1 Envelope)(knt) [Transferred from okwd on 10/13/2021.]

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Plaintiff: Dennis Ray Rigsby, Jr
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Defendant: Sgt. Quater
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Defendant: Cpl. Hayes
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Defendant: Oklahoma Department of Corrections
Represented By: Kari Y. Hawkins
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Defendant: Sgt. Corder
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