Brainerd v. Ward et al

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).
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