Sims v. State of Oklahoma

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHRISTOPHER EUGENE SIMS,
Petitioner,
-vs-
STATE OF OKLAHOMA,
Respondent(s).
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) 	NO. CIV-25-1404-HE
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ORDER
On December 22, 2025, United States Magistrate Judge Amanda L. Maxfield issued
a Report and Recommendation [Doc. #8] recommending dismissal of this action, without
prejudice to re-filing, due to petitioner’s failure to comply with the court’s order to cure
deficiencies.
Judge Maxfield advised petitioner of the right to object to the Report and
Recommendation as well as the consequences for failure to timely object. Any objection
was due on or before January 12, 2026. To date, no objection has been filed.1 Petitioner
therefore has waived the right to appellate review of the factual and legal issues addressed
in the Report and Recommendation. See Moore v. United States, 950 F.2d 656, 659 (10 th
Cir. 1991).
1 The court’s docket reflects the Report and Recommendation was returned as “Attempted-Not
Known Unable to Forward.” [Doc. # 9]. However, pursuant to LCvR5.4, “[p]apers sent by the
court will be deemed delivered if sent to the last known address given to the court.”
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Accordingly, the court ADOPTS the Report and Recommendation [Doc. # 8]. This
action is DISMISSED WITHOUT PREJUDICE, pursuant to Fed. R. Civ. P. 41(b), for
petitioner’s failure to comply with the court’s order to cure deficiencies.
A separate judgment will be entered.
IT IS SO ORDERED.
Dated this 20th day of January, 2026.
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