Ybarra v. Little River Detention Center

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION AMBER L. YBARRA PLAINTIFF v. Case No. 4:23-cv-4046 LITTLE RIVER DETENTION CENTER; GINA BUTLER, Jail Administrator; and BOBBY WALRAVEN, Sheriff DEFENDANTS ORDER Before the Court is a Report and Recommendation issued by the Honorable Christy D. Comstock, United States Magistrate Judge for the Western District of Arkansas. ECF No. 13. After evaluating the 42 U.S.C. § 1983 claims in Plaintiff’s pro se complaint for preservice screening pursuant to 28 U.S.C. § 1915A, Judge Comstock recommends that Plaintiff’s Amended Complaint (ECF No. 7) be dismissed without prejudice for failing to state a claim against any Defendant. Judge Comstock also recommends that the Clerk be directed to place a 28 U.S.C. § 1915 (g) strike flag on the case for future judicial consideration and that the Court certify pursuant to 28 U.S.C. § 1915 (a)(3) that any appeal from this dismissal would not be taken in good faith. Judge Comstock further recommends that Plaintiff’s Motion for Relief from Order (ECF No. 12) be denied as moot. Plaintiff filed timely objections. ECF No. 14. However, Plaintiff’s objections never address Judge Comstock’s analysis or present any coherent arguments. Instead, Plaintiff simply reasserts the claims from her complaint and makes conclusory statements that her constitutional rights were violated. Accordingly, the Court reviews the instant Report and Recommendation for clear error instead of conducting a de novo review. See Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir. 1994) (noting that specific objections shift a court’s review from one which scrutinizes for plain error to one in which the issues are reviewed de novo); and see 28 U.S.C. § 636 (b)(1). Upon review, finding that there is no clear error on the face of the record and that Judge Comstock’s reasoning is sound, the Court adopts the Report and Recommendation (ECF No. 13) in toto. Plaintiff’s Amended Complaint (ECF No. 7) is hereby DISMISSED WITHOUT PREJUDICE. Plaintiff’s Motion for Relief (ECF No. 12) is hereby DENIED as MOOT. The Clerk is hereby directed to place a 28 U.S.C. § 1915 (g) strike flag on the case for future judicial consideration. Pursuant to 28 U.S.C. § 1915 (a)(3), the Court certifies that any appeal from this dismissal will not be taken in good faith. IT IS SO ORDERED, this 10th day of October, 2023. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge