Jimmerson v. Horne
Jimmerson v. Horne
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA
STEVEN M. JIMMERSON, ) ) Plaintiff, ) ) v. ) Case No. CIV-25-238-G ) CORRECTIONAL OFFICER C. ) HORNE, et al., ) ) Defendants. )
ORDER Plaintiff Steven M. Jimmerson, a federal prisoner appearing pro se, brings this federal civil rights action pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics,
403 U.S. 388(1971). See Compl. (Doc. No. 1). In accordance with
28 U.S.C. § 636(b)(1), the matter was referred to Magistrate Judge Shon T. Erwin for preliminary review. On March 4, 2025, Judge Erwin directed Plaintiff to cure deficiencies relating to the Complaint and to either pay the filing fee or seek leave to proceed in forma pauperis no later than March 21, 2025. See Order (Doc. No. 4). The docket reflects that the Order and appropriate forms were mailed to Plaintiff at his address of record, and there is no indication they were not received. On April 1, 2025, Judge Erwin issued a Report and Recommendation recommending that Plaintiff’s Complaint be dismissed without prejudice for failure to comply with the Court’s Order. See R. & R. (Doc. No. 5) at 2. In the Report and Recommendation, Judge Erwin advised Plaintiff of his right to object to the Report and Recommendation by April 18, 2025. See
id.Judge Erwin also advised that a failure to object would constitute a waiver of the right to appellate review of the factual determinations and legal conclusions in the Report and Recommendation. See
id.As of this date, Plaintiff has not filed any objection to the Report and Recommendation or sought leave for additional time to do so. CONCLUSION Accordingly, the Court ADOPTS the Report and Recommendation (Doc. No. 5) in its entirety. Plaintiff's Complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE. A separate judgment shall be entered. IT IS SO ORDERED this 12th day of August, 2025.
(Vauba B. Kodo United States District Judge
Reference
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