Ledgerwood et al v. Gillespie

Filing 8

ORDER granting 1 and 2 Motions to Proceed in forma pauperis. Gillespie's response to the motion for preliminary injunction, 6 , is due 20 May 2016. Ledgerwood and Jacobs's reply is due 27 May 2016. The Court will hold a hearing (if one is needed) on the motion the week of 6-10 June 2016. The Court directs the Clerk to prepare a summons for Cindy Gillespie, Director of the Arkansas Department of Human Services. The Court directs the U.S. Marshal to serve the summons, the complaint, and this Order on Gillespie, as Director, at the Arkansas Department of Human Services at 700 Main Street, Little Rock, Arkansas, 72201. Service should be in person rather than by mail. The embedded request for a temporary restraining order, 3 at 30, is denied. The Court also notes the motion for appointment, 4 , and will rule on it in due course. Signed by Judge D. P. Marshall Jr. on 5/5/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BRADLEY LEDGERWOOD; and
ETHEL JACOBS, by and through her
son and next friend Louis Welch
v.

PLAINTIFFS

No. 3:16-cv-119-DPM

CINDY GILLESPIE, in her official
capacity as Director, Arkansas
Department of Human Services

DEFENDANT

ORDER
1. The motions to proceed in forma pauperis, ¹ 1 & 2, are granted. Most
of Ledgerwood’s and Jacobs’s limited monthly income goes toward necessary
expenses. They can’t afford the filing and administrative fees.
2. The Court notes the motion for a preliminary injunction, ¹ 6. In the
circumstances, the Court adjusts the briefing schedule. Gillespie’s response
to the motion is due 20 May 2016. Ledgerwood and Jacobs’s reply is due 27
May 2016. The Court will hold a hearing (if one is needed) on the motion the
week of 6–10 June 2016.
3. Given the pending request for injunctive relief, the Court defers
screening the complaint, ¹ 3. The Court directs the Clerk to prepare a
summons for Cindy Gillespie, Director of the Arkansas Department of

Human Services. The Court directs the U.S. Marshal to serve the summons,
the complaint, and this Order on Gillespie, as Director, at the Arkansas
Department of Human Services at 700 Main Street, Little Rock, Arkansas
72201. Service should be in-person rather than by mail.*
4. The embedded request for a temporary restraining order, ¹ 3 at 30,
is denied. FED. R. CIV. P. 65(b)(1)(B); LOCAL RULE 7.2(e).
5. The Court also notes the motion for appointment, ¹ 4, and will rule
on it in due course.
So Ordered.
________________________
D.P. Marshall Jr.
United States District Judge
5 May 2016

The Court has had trouble with service by mail on DHS in past

*

cases.
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