Villarreal v. Watson et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JUSTIN AARON VILLARREAL 	PLAINTIFF
v. 	Case No. 4:23-cv-04099
SERGEANT JOSHUA WATSON and
SERGEANT JAIMOND JOHNSON 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation issued by the Honorable Barry A. Bryant,
United States Magistrate Judge for the Western District of Arkansas. 	ECF No. 26. 	Judge Bryant
recommends that Defendants’ Motion for Summary Judgment (ECF No. 14) be denied.
Defendants have not filed an objection to the Report and Recommendation, and the time to do so
has passed. 	See 28 U.S.C. § 636(b)(1). 	Plaintiff filed timely objections to the Report and
Recommendation. 	ECF No. 28. 	While Plaintiff does not object to the conclusion of the Report and
Recommendation, he requests “the amendment from official to individual capacity” in paragraph four of
the Report and Recommendation. Id. at 3. However, paragraph four of the Report and Recommendation
is a block quotation from Plaintiff’s Complaint (ECF No. 1, p. 5). See ECF No. 26, p. 2. 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 Bryant’s
reasoning is sound, the Court adopts the Report and Recommendation (ECF No. 26) in toto. Defendants
Motion for Summary Judgment (ECF No. 14) is hereby DENIED.
IT IS SO ORDERED, this 30th day of July, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Case 4:23-cv-04099-JTS Document 29 Filed 07/30/24 Page 1 of 1 PageID #:
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