Espinoza v. Gulickson

5:25-cv-01149Okwd8 de jan. de 2026

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IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TRENTON ESPINOZA,
Plaintiff,
-vs-
OFFICER C. GULICKSON, et al.,
Defendants.
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) 	NO. CIV-25-1149-HE
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ORDER
On November 6, 2025, United States Magistrate Judge Chris M. Stephens issued a
Report and Recommendation [Doc. #8], recommending plaintiff’s complaint, in its
entirety, be dismissed without prejudice. 	He advised that adoption of the recommended
ruling would moot the pending motions, [Doc. #2, Doc. #5, and Doc. #6].
In addition, Magistrate Judge Stephens specifically advised plaintiff of the right to
object to the Report and Recommendation as well as the consequences for failure to timely
object. Any objection was due by December 1, 2025. On December 5, 2025, at the court’s
direction, an enter order [Doc. #10] was issued directing the clerk of the court to mail the
Report and Recommendation to plaintiff at his updated address1 and extending the deadline
for plaintiff to file any objections to the Report and Recommendation to December 29,
2025.
1 Plaintiff had filed a notice of change of address on November 17, 2025. See [Doc. #9].
Case 5:25-cv-01149-HE Document 11 Filed 01/08/26 Page 1 of 2
2
To date, plaintiff has not filed any objection. Plaintiff 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).
Accordingly, the court ADOPTS the Report and Recommendation [Doc. #8].
Plaintiff’s complaint, in its entirety, is DISMISSED WITHOUT PREJUDICE. In light
of the court’s ruling, the pending motions [Doc. #2, Doc. #5, and Doc. #6] are STRICKEN
as MOOT.
A separate judgment will be entered.
IT IS SO ORDERED.
Dated this 8th day of January, 2026.
Case 5:25-cv-01149-HE Document 11 Filed 01/08/26 Page 2 of 2

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