Brainerd v. Ward

United States District Court for the Western District of Arkansas

Brainerd v. Ward

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

LOGAN BRAINERD PLAINTIFF

v. Case No. 4:24-cv-04108

SHERIFF CHAD WARD, et. al. DEFENDANTS ORDER Before the Court is a Report and Recommendation filed November 14, 2024, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 5). Judge Bryant recommends that Plaintiff’s Complaint (ECF No. 1) be dismissed with prejudice. Judge Bryant further recommends that, because this is Plaintiff’s fourth nearly identical case filing, Plaintiff be barred from filing further cases in this District without first submitting the required filing fee at the time of the submission of the proposed complaint.1 Plaintiff has not responded to the Report and Recommendation, and the time to do so has passed. See

28 U.S.C. § 636

(b)(1). Upon review, finding no clear error on the face of the record and that Judge Bryant’s reasoning is sound, the Court adopts the Report and Recommendation (ECF No. 5) in toto. Accordingly, Plaintiff’s Complaint (ECF No. 1) is hereby DISMISSED WITH PREJUDICE. Further, going forward, Plaintiff is barred from filing further cases in this District unless he submits the required filing fee at the time of the submission of the proposed complaint. IT IS SO ORDERED, this 10th day of January, 2025. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

1Plaintiff has filed three previous cases in this District, Brainerd v. Sheriff Chad Ward, et al., No. 4:23-cv-4066, Brainerd v. Sheriff Chad Ward, et al., No. 4:23-cv-4067, and Brainerd v. Sheriff Chad Ward, et al., No. 4:24-cv- 4081, all of which contain similar defendants and allegations. (ECF No. 5, at 2). After dismissal of the first two cases, Plaintiff appealed to the Eighth Circuit which affirmed the dismissal of both cases. See, Brainerd v. Ward,

2024 WL 3491251

(8th Cir. Feb. 15, 2024) (not reported) and Brainerd v. Ward,

2024 WL 3530145

(8th Cir. Feb. 15, 2024) (not reported). (ECF No. 5, at 2).

Reference

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