Phillips v. Sheriff, Benton County, Arkansas

Opinion

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

JUSTIN EUGENE PHILLIPS PETITIONER

V. CASE NO. 5:25-CV-5094

SHERIFF, BENTON COUNTY, ARKANSAS RESPONDENT

ORDER

On June 18, 2025, the Honorable Christy Comstock, United States Magistrate Judge for the Western District of Arkansas, issued a Report and Recommendation (“R&R”) (Doc. 7) regarding Plaintiff Justin Eugene Phillips’s amended petition for relief under 28 U.S.C. § 2241 (Doc. 3). On July 10, 2025, the Court received Mr. Phillips’s Objections (Doc. 11) to the R&R and conducted a de novo review of the entire record. The R&R explains why Mr. Phillips’s amended petition for habeas relief does not disclose any special or emergency situation that would counsel in favor of interfering in his ongoing state criminal proceedings. See Younger v. Harris, 401 U.S. 37 (1971). In response, Mr. Phillips argues that intervention is justified because: (1) he signed a plea agreement in state court “solely to secure release from extended and unlawful confinement”; (2) his plea was not voluntary; (3) his counsel was not effective; (4) law enforcement fabricated evidence against him; and (5) his private property was searched and seized without a warrant. (Doc. 11). Mr. Phillips’s Objections are OVERRULED. The Court agrees with Magistrate Judge Comstock that abstention is appropriate here: None of the circumstances outlined by Mr. Phillips warrant federal intervention in his pending state cases. IT IS THEREFORE ORDERED that the R&R is ADOPTED IN ITS ENTIRETY, and the amended petition for relief under 28 U.S.C. § 2241 is DISMISSED. IT IS SO ORDERED on this 21st day of July, 2025.

/s/ Timothy L. Brooks TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE