5:26-cv-05073•Baltrusch v. Simmons Prepared Foods
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Case 5:26-cv-05073-TLB Document 15 Filed 06/25/26 Page 1 of 2 PageID #: <pageID>
Case 5:26-cv-05073-TLB Document 15 Filed 06/25/26 Page 2 of 2 PageID #: <pageID>
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Case 5:26-cv-05073-TLB Document15 ~ Filed 06/25/26 Page 1 of 2 PagelD #: <pagelD> IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETEVILLE DIVISION CHARLIE BALTRUSCH PLAINTIFF V. CASE NO. 5:26-CV-5073 SIMMONS PREPARED FOODS DEFENDANT ORDER Now before the Court is the Report and Recommendation (“R&R”) (Doc. 11) of the Honorable Christy Comstock, United States Magistrate Judge for the Western District of Arkansas. On June 23, 2026, Plaintiff Charlie Baltrusch filed Objections to the R&R (Doc. 13), which triggered this Court’s de novo review of the case. Mr. Baltrusch sued his former employer, Simmons Prepared Foods, for violating his constitutional rights under 42 U.S.C. § 1983. However, as the R&R correctly explains, a § 1983 claim is implausible because Simmons is not a state actor and Mr. Baltrusch does not allege that Simmons acted under color of state law. The Magistrate Judge considered whether Mr. Baltrusch perhaps intended to bring a different federal claim against Simmons, but, given the facts, she concluded that no other federal law violation was obvious—including a cause of action under the Family and Medical Leave Act. For these reasons, the Magistrate Judge recommended dismissing the Complaint. Mr. Baltrusch explains in his Objections that he sued Simmons under § 1983 because he thought it was the only cause of action available to him. He does not point to any other plausible federal claim. Instead he says he intends to consult a lawyer once he is released from prison and requests that the Court refrain from dismissing the Complaint in the meantime. The Court declines Mr. Baltrusch’s request but advises him that his case AUTHENTICATED U.S. GOVERNMENT. INFORMATION GPO Case 5:26-cv-05073-TLB Document15 ~ Filed 06/25/26 Page 2 of 2 PagelD #: <pagelD> is being dismissed “without prejudice,” which means the Court is not ruling on the merits, and if he later finds he can make out a plausible violation of law, he may file a new complaint. IT IS THEREFORE ORDERED that the Objections are OVERRULED and the R&R ADOPTED IN ITS ENTIRETY. The Complaint is DISMISSED WITHOUT PREJUDICE upon preservice screening under 28 U.S.C. § 1915(e)(2) for failure to state a claim upon which relief may be granted and for lack of subject matter jurisdiction. IT 1S SO ORDERED on this fp? day of Juneg2026. CHIEF UNITED STATES DISTRICT JUDGE
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