Jones v. French et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
JOE FRANK JONES 	PLAINTIFF
v. 	Case No. 1:24-cv-1066
CLERK FRENCH, Union County Detention
Center (“UCDC”); and CAPTAIN LISA
WORLEY, UCDC 	DEFENDANTS
ORDER
Before the Court is a Report and Recommendation (“R&R”) issued by Barry A. Bryant,
United States Magistrate Judge for the Western District of Arkansas. 	ECF No. 10. 	Upon
preservice screening of Plaintiff’s Complaint (ECF No. 1) pursuant to 28 U.S.C. § 1915A(a), Judge
Bryant recommends that Plaintiff’s claims be dismissed without prejudice for failure to state a
claim upon which relief may be granted. 	Specifically, Judge Bryant recommends finding that
Plaintiff has not alleged a cognizable constitutional violation regarding his mail as an inmate.
Judge Bryant further recommends that the Clerk be directed to place a § 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.
Plaintiff filed a timely objection, but it does not address the substance of Judge Bryant’s
recommendation regarding his claims. ECF No. 11. Instead of addressing Judge Bryant’s analysis
regarding Plaintiff’s failure to allege a violation of a constitutional right, Plaintiff makes a new
argument that Defendants allegedly violated Arkansas’ regulations regarding inmate mail.
Without a specific objection, the Court is only required to review Judge Bryant’s R&R for clear
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error. See Griffini v. Mitchell, 31 F.3d 690, 692 (8th Cir. 1994) (noting that a specific objection is
necessary to require a de novo review of a magistrate’s recommendation instead of a review for
plain error).
Upon review, finding no clear error on the face of the record and that Judge Bryant’s
reasoning is sound, the Court adopts the R&R (ECF No. 10) in toto. Plaintiff’s Complaint (ECF
No. 1) is hereby DISMISSED WITHOUT PREJUDICE. 	The Clerk is directed to place a §
1915(g) strike flag on the case for future judicial consideration. The Court certifies pursuant to 28
U.S.C. § 1915(a)(3) that any appeal from this dismissal would not be taken in good faith.
IT IS SO ORDERED, this 27th day of January, 2025.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
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