Love, Jr. v. Merchant

• Court: District Court, W.D. Arkansas
• Decided: March 19, 2025
• Docket: 4:23-cv-04038
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

CHRISTOPHER LOVE, JR. PLAINTIFF

v. Case No. 4:23-cv-4038

SERGEANT MERCHANT DEFENDANT

ORDER

Before the Court is a Report and Recommendation (“R&R”) issued by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 40. Judge Bryant recommends that Defendant’s Motion for Summary Judgment (ECF No. 29) be granted and that Plaintiff’s claims be dismissed with prejudice. Plaintiff filed a timely objection, but it does not make a specific argument against Judge Bryant’s analysis. ECF No. 41. Instead, Plaintiff recites factual allegations with no reference to the record, no argument as to how the allegations relate to his claims, and no critique of Judge Bryant’s reasoning. Thus, the Court will review Judge Bryant’s R&R for clear 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 clear 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. 40) in toto. Defendant’s Motion for Summary Judgment (ECF No. 29) is hereby GRANTED. Plaintiff’s claims are hereby DISMISSED WITH PREJUDICE. IT IS SO ORDERED, this 19th day of March, 2025.

/s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge