Youngberg v. Long et al

Filing 51

ORDER approving and adopting 20 Partial Recommended Disposition in its entirety as this Court's findings and conclusions in all respects; dismissing, without prejudice, Plaintiff's First Amendment retaliation claims and official capac ity claims against all Defendants, as well as any claim regarding Defendants failure to follow Detention Facility policies and procedures; dismissing, without prejudice, any (1) medical deliberate indifference claims other than those related to th e medical treatment that Defendants Long, Dottson, Lowery, and Maddox failed to provide following the 4/18/2023 incident with Defendant Greenfield, (2) conditions of confinement claims, and (3) access to the court claims; dismissing, without preju dice, Plaintiff's claims against Defendants Autumn Youngberg, Josh Rogers, and Tommy L. Harris; instructing the Clerk of the Court to terminate Autumn R. Youngberg, Ben Lockard, Josh Rogers, and Tommy L. Harris as party Defendants; and certifying that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge Lee P. Rudofsky on 2/7/2024. (ldb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CHARLES YOUNGBERG
#486348
v.

PLAINTIFF
No. 4:23-CV-00699-LPR-ERE

BRANDON LONG, et al.

DEFENDANTS
ORDER

The Court has reviewed the Partial Recommended Disposition (PRD) submitted by United
States Magistrate Judge Edie R. Ervin and the Plaintiff’s Objections.1 After a de novo review of
the PRD, along with careful consideration of the Plaintiff’s Objections and the case record, the
Court hereby approves and adopts the PRD in its entirety as this Court’s findings and conclusions
in all respects.
Accordingly, Plaintiff’s First Amendment retaliation claims and official capacity claims
against all Defendants, as well as any claim regarding Defendants’ failure to follow Detention
Facility policies and procedures, are DISMISSED without prejudice for failing to state a plausible
constitutional claim for relief. Additionally, any (1) medical deliberate indifference claims other
than those related to the medical treatment that Defendants Long, Dottson, Lowery, and Maddox
failed to provide following the April 18, 2023 incident with Defendant Greenfield, (2) conditions
of confinement claims, and (3) access to the court claims are DISMISSED without prejudice based
on improper joinder. And Plaintiff’s claims against Defendants Autumn Youngberg, Josh Rogers,
and Tommy L. Harris are DISMISSED without prejudice for failing to state any plausible
constitutional claims for relief against those Defendants. The Clerk of the Court is instructed to

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Docs. 20, 24, & 46. The Court also notes Plaintiff’s request to file additional attachments to his Objections. See
Doc. 27. The Court has considered those documents, but they do not affect the outcome of the Court’s decision.

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terminate Autumn R. Youngberg, Ben Lockard, Josh Rogers, and Tommy L. Harris as party
Defendants. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that an in forma pauperis
appeal from this Order would not be taken in good faith.
IT IS SO ORDERED this 7th day of February 2024.
________________________________
LEE P. RUDOFSKY
UNITED STATES DISTRICT JUDGE

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