Kirk v. Stephens County OK et al
| Shane Josiah Kirk |
| Stephens County OK, Melody Harper, FNU Herberger, Oklahoma State of, Jacobi Harper, FNU Benedict, Sharon Cain, Ken Graham, FNU Enis, Randy Cain, Courtney Seiss, Allison Buckholts, Turn Key Health, FNU LNU, Malichi Martin, Jason Hicks, Eva Gray, Kasey LNU, Barry Rohrbough, Javier Martinez, Freddie Gowan and Wayne McKinney |
| 5:2021cv00004 |
| January 6, 2021 |
| US District Court for the Western District of Oklahoma |
| Shon T Erwin |
| Scott L Palk |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on March 5, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 REPORT AND RECOMMENDATION -- it is recommended that the Court (1) dismiss, with prejudice, any claims against the Stephens County Sheriff's Office and Stephens County Detention Center; (2) dismiss, with prejudice, Claims One, Nine, Ten, Eleven, and Fourteen as untimely; (3) dismiss, without prejudice, Claims Two, Three, Four, Five, Six, Seven, Eight, Sixteen and Seventeen; (4) conclude that Plaintiff has stated a claim for deliberate indifference against Defendants Rohrbough and Kasey in their individual and official capacities as set forth in Claim Twelve; (5) conclude that Plaintiff has stated a claim for deliberate indifference against Defendant Martin in his individual and official capacities and against Turn-Key Health as set forth in Claim Thirteen; and (6) conclude that Plaintiff has stated a claim for deliberate indifference against Defendants Rohrbough and Martinez in their individual and official capacities as set forth in Claim Fifteen. If the forgoing recommendation is adopted, the only remaining Defendants would be: Defendants Martinez, Rohrbough, Kasey, Martin, Turn-Key Health, and Stephens County (under a theory of municipal liability on the official capacity claims against Defendants Martinez and Rohrbough). All other Defendants should be terminated. This Report and Recommendation disposes of all issues referred to the undersigned magistrate judge in the captioned matter. Objections to R&R due by 3/22/2021. Signed by Magistrate Judge Shon T. Erwin on 3/5/2021. (mc) |
Filing 25
ORDER striking #17 Motion for Order --- Because the ECF No. 17 appears to have been prepared and mailed prior to the Plaintiff receiving the Courts Order (ECF No. 16), the Motion (ECF No. 17) is STRICKEN in accordance with the Courts findings and directives of February 8, 2021. The Court will make a single exception and allow ECF No. #22 to proceed as a supplement to the Amended ComplaintECF No. 21. Plaintiff's Notice ECF No. #24 titled, "Add Party to CIV-21-4-SLP," specifically the State of Oklahoma. The Court finds this Notice to be MOOT, as Mr. Kirk has already named the State of Oklahoma as a party. See Order as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 3/5/2021. (mc)
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| Filing 24 NOTICE titled, "Add Party to CIV-21-4-SLP" by Shane Josiah Kirk. (Attachments: #1 Envelope)(kmt) |
| Filing 23 LETTER from Shane Kirk (Attachments: #1 Envelope) (kmt) |
| Filing 22 NOTICE titled, "Additional Claim: CIV-21-4-SLP". by Shane Josiah Kirk (Attachments: #1 Envelope)(jjs) |
| Filing 21 AMENDED COMPLAINT against Ken Graham, Courtney Seiss, Wayne McKinney, Javier Martinez, Eva Gray, Barry Rohrbough, Freddie Gowan, FNU LNU, Jason Hicks, FNU LNU, Turn Key Health, Malichi Martin, Kasey LNU filed by Shane Josiah Kirk. (Attachments: #1 Attachment 1 - Letter, #2 Envelope)(kmt) |
| Filing 20 LETTER from Shane Kirk (Attachments: #1 Envelope) (kmt) |
| Filing 19 MOTION for Order titled, "Motion for Record, Legal Mail Tampering" by Shane Josiah Kirk. Motions referred to Shon T. Erwin. (Attachments: #1 Envelope)(kmt) |
| Filing 18 LETTER from Shane Kirk (Attachments: #1 Envelope) (kmt) |
| Filing 17 MOTION for Order titled "Motion for Record Additional Claim: Law Library" by Shane Josiah Kirk. Motions referred to Shon T. Erwin. (Attachments: #1 Exhibit 1 - Request to Staff Dated 01-20-2021, #2 Envelope)(knt) |
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Filing 16
ORDER striking #6 Motion for Order; striking #8 Motion for Order; striking #9 Motion for Order; striking #13 Motion for Order; striking #14 Motion for Order; striking #15 Motion for Order. Plaintiff's claims and allegations are neither short, nor plain, and therefore are not in compliance Fed. R. Civ. P. 8(a). Plaintiff's deadline for filing his First Amended Complaint is March 1, 2021. All as more fully set out. Signed by Magistrate Judge Shon T. Erwin on 2/8/2021. (mc)
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| Filing 15 MOTION for Order titled "Motion for Record Courthouse/Detention Center Diagrams" by Shane Josiah Kirk. Motions referred to Shon T. Erwin. (Attachments: #1 Exhibit 1 - Courthouse/Detention Center Diagram, #2 Exhibit 2 - Old-Jail/E-Row Diagram, #3 Exhibit 3 - "New Jail" Detention Center Diagram, #4 Exhibit 4 - Detention Center Male Pods, #5 Envelope)(knt) STRICKEN per #16 . |
| Filing 14 MOTION for Order titled "Motion for Record Additional Claims" by Shane Josiah Kirk. Motions referred to Shon T. Erwin. (Attachments: #1 Envelope)(knt) STRICKEN per #16 . |
| Filing 13 MOTION for Order titled "Motion for Record The Privileges-Restriction Game of Whack-o-Mole" by Shane Josiah Kirk. Motions referred to Shon T. Erwin. (Attachments: #1 Exhibit 1 - Request to Staff Dated 01-26-21, #2 Exhibit 2 - Request to Staff Dated 01-28-21, #3 Attachment 1 - Letter, #4 Envelope)(knt) STRICKEN per #16 . |
| Filing 12 NOTICE titled, "The Story of Shane Josiah Kirk" by Shane Josiah Kirk. (Attachments: #1 Attachment 1 - Letter, #2 Envelope)(kmt) STRICKEN per #16 . |
| Filing 11 NOTICE titled, "The Story of Nathan Jones" by Shane Josiah Kirk (Attachments: #1 Attachment 1 - Letter, #2 Envelope)(kmt) STRICKEN per #16 . |
| Filing 10 NOTICE titled, "The Mentally-Ill in Stephens County Detention Center" by Shane Josiah Kirk (Attachments: #1 Attachment 1 - Letter, #2 Envelope)(kmt) STRICKEN per #16 . |
| Filing 9 MOTION for Order titled, "18 Jan 2021 Motion for Record Ethical and Lawful Violations by Jail and Court Staff" by Shane Josiah Kirk. Motions referred to Shon T. Erwin. (Attachments: #1 Attachment 1 - Inmate Request, #2 Envelope)(kmt) STRICKEN per #16 . |
| Filing 7 Receipt for Money Received from Shane Josiah Kirk in the amount of $402.00, receipt number OKW500083687 regarding #1 Complaint. Balance PAID IN FULL. Receipt mailed to: Shane Josiah Kirk #108938 DUNCAN-SCJ 101 S 11th StDuncan, OK 73533. (knt) |
| Filing 8 MOTION for Order titled, "Motion for Record the Math of Exhibit-K and the Feudal Exploitation of the Poor" by Shane Josiah Kirk. Motions referred to Shon T. Erwin. (Attachments: #1 Envelope)(kmt)STRICKEN per #16 . |
| Filing 6 MOTION for Order titled "Motion for Exception to Rule" by Shane Josiah Kirk. Motions referred to Shon T. Erwin. [Also filed in CIV-20-1242-SLP as document #18.] (Attachments: #1 Envelope)(knt) STRICKEN per #16 . |
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Filing 5
ORDER -- The Court is in receipt of the civil rights complaint Plaintiff has tendered in the above referenced case. In order for this action to proceed, Plaintiff must either pay the $402.00 filing fee or be granted leave to proceed without prepayment of fees. Plaintiff has neither paid the filing fee nor submitted a motion for leave to proceed in forma pauperis. Plaintiff shall cure the deficiencies designated above no later than January 28, 2021. Signed by Magistrate Judge Shon T. Erwin on 1/7/2021. (mc)
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| Filing 4 ENTER ORDER REFERRING CASE to Magistrate Judge Shon T. Erwin. Entered by the direction of Honorable Scott L. Palk on 01/07/21. (knt) |
| Filing 3 ENTER ORDER REASSIGNING CASE. Case reassigned to Honorable Scott L. Palk for all further proceedings. Honorable Bernard M. Jones no longer assigned to case. Entered by the direction of Honorable Bernard M. Jones on 01/07/21. (knt) |
| Filing 2 PREVIOUS Cases. (knt) |
| Filing 1 COMPLAINT against FNU Benedict, Allison Buckholts, Randy Cain, Sharon Cain, FNU Enis, Ken Graham, Jacobi Harper, Melody Harper, FNU Herberger, Oklahoma State of, Courtney Seiss, Stephens County OK filed by Shane Josiah Kirk. (Attachments: #1 Envelope)(knt) |
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