Wolfe v. Yell County Jail et al

Filing 22

ORDER Adopting 17 Recommended Partial Disposition. Wolfe's 19 motion for an ex parte temporary restraining order is more properly characterized as a motion for a preliminary injunction, and will be treated as such. Wolfe may proceed with h is inadequate medical care claims against Carter, Roy, May Sr., May Jr., Barefield, Braden, and Keener in their individual capacities only. The Clerk is directed to prepare a summons for Carter, Roy, May Sr., May Jr., Barefield, Braden, and Keener. The U.S. Marshal is directed to serve the summons, complaint, amended complaint, second amended complaint, motion for a preliminary injunction, brief in support, memorandum of law, and this Order on them without prepayment of fees and costs or sec urity therefor. The official capacity claims against Carter, Roy, May Sr., May Jr., Barefield, Braden, and Keener are dismissed without prejudice. All claims against Gilkey, Gault, Elkins and Moore are dismissed, without prejudice. All claims against the Yell County Detention Facility are dismissed with prejudice. It is certified that an in forma pauperis appeal from this Order would not be taken in good faith. Signed by Judge J. Leon Holmes on 1/12/2017. (mcz)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JEFFREY WOLFE, ADC #124018
v.

PLAINTIFF

No. 4:16CV00824 JLH/JTR

YELL COUNTY DETENTION FACILITY, et al.

DEFENDANTS

ORDER
The Court has reviewed the Recommendation submitted by United States Magistrate Judge
J. Thomas Ray and Wolfe's objections. Documents #17 and #18. After completing a de novo
review of the record in this case, the Recommendation is approved and adopted in its entirety as this
Court's findings in all respects.
Additionally, Wolfe has filed a motion for an ex parte temporary restraining order.
Document #19. Wolfe has not demonstrated that he will suffer immediate and irreparable injury
before the defendants have an opportunity to be heard on his request for preliminary relief. See Fed.
R. Civ. P. 65(b)(1). Thus, Wolfe’s motion is more properly characterized as a motion for a
preliminary injunction, and will be treated as such.
IT IS THEREFORE ORDERED that:
1.

Wolfe may proceed with his inadequate medical care claims against Carter, Roy, May

Sr., May Jr., Barefield, Braden, and Keener in their individual capacities only.
2.

The Clerk is directed to prepare a summons for Carter, Roy, May Sr., May Jr.,

Barefield, Braden, and Keener. The U.S. Marshal is directed to serve the summons, complaint,
amended complaint, second amended complaint, motion for a preliminary injunction, brief in
support, memorandum of law, and this Order on them without prepayment of fees and costs or
security therefor. If any of the defendants are no longer Yell County employees, the county must

file a sealed statement providing the unserved defendant’s last known private mailing address.
3.

Defendants must file, with their answer or other responsive pleading, a response to

Wolfe's motion for a preliminary injunction.
4.

The official capacity claims against Carter, Roy, May Sr., May Jr., Barefield,

Braden, and Keener are dismissed without prejudice.
5.

All claims against Gilkey, Gault, Elkins, and Moore are dismissed, without prejudice.

6.

All claims against the Yell County Detention Facility are dismissed with prejudice.

7.

It is certified, 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.
DATED this 12th day of January, 2017.

UNITED STATES DISTRICT JUDGE