Cooks v. Oklahoma City Police Department et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
DONALD EUGENE COOKS, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No. CIV-23-1178-R
)
TYLER ARNEY, et al., 	)
)
Defendant. 	)
ORDER
Plaintiff, proceeding pro se, has submitted a notice [Doc. No. 57] indicating that he
never received a copy of the Motion to Stay [Doc. No. 49] filed by Defendants and
requesting permission to submit an objection out of time. Initially, the Court observes that
the Motion to Stay reflects that it was mailed to Plaintiff’s address of record. See Kirby v.
O'Dens, No. 14-CV-388-GKF-PJC, 2015 WL 2341535, at *3 (N.D. Okla. May 14, 2015)
(“Service by mail is complete upon mailing. Mailing to a person’s last known address
completes effective service, even if the mail is not received.”) (citations omitted).
Additionally, although the Motion to Stay was unopposed, the Court granted the motion
after considering the merits of Defendants’ arguments [Doc. No. 56]. In any event, if
Plaintiff believes the stay is not warranted, he is permitted to file a motion seeking to lift
the stay.
Accordingly, Plaintiff’s filing [Doc. No. 57] is denied as moot.
IT IS SO ORDERED this 23 rd day of January, 2025.
Case 5:23-cv-01178-R Document 58 Filed 01/23/25 Page 1 of 1