Butcher v. Martin et al

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
JOHN R. BUTCHER 	PLAINTIFF
v. 	Case No. 1:23-cv-01077
SHERIFF LEROY MARTIN, et al. 	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. 17. 	Judge Bryant
recommends that Plaintiff’s Motion for Preliminary Injunction (ECF No. 5) be denied as moot because
Plaintiff’s request for injunctive relief was mooted by his transfer from the Columbia County Detention
Center to the Arkansas Division of Correction. Id.
Plaintiff filed timely objections. ECF No. 25. However, Plaintiff’s objections never address
Judge Bryant’s legal analysis or present arguments as to why his motion is not moot. Instead, Plaintiff
reiterates the claims he asserts in his Complaint (ECF No. 1) and Motion for Preliminary Injunction
(ECF No. 5). 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. 17) in toto.
Plaintiff’s Motion for Preliminary Injunction (ECF No. 5) is hereby DENIED as MOOT.
IT IS SO ORDERED, this 22nd day of January, 2024.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge
Case 1:23-cv-01077-SOH-BAB Document 40 Filed 01/22/24 Page 1 of 1 PageID #:
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