Wedsted v. Lowerily et al

Filing 12

ORDER adopting 10 the recommended partial disposition in its entirety; dismissing without prejudice Wedsted's claim against Gerald Lowerily; dismissing without prejudice his failure to protect claim; dismissing with prejudice his Prison Rape Elimination Act claim; dismissing without prejudice his inhumane conditions claim; dismissing without prejudice his inadequate medical care claim against defendant Tonya Parker; certifying that an in forma pauperis appeal would not be taken in good f aith; permitting Wedsted to proceed with his inadequate medical care claim against defendant Brett Carpenter; directing Carpenter to file a response Wedsted's motion for a preliminary injunction at the time he files his answer or other responsiv e pleading; directing the Clerk to prepare a summons for Carpenter; and directing the USMS for serve Carpenter with the summons, complaint, amended complaint, and motion for preliminary injunction without prepayment of fees and costs or security therefore. Signed by Chief Judge Brian S. Miller on 7/3/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
DANIEL RAY WEDSTED

v.

PLAINTIFF

CASE NO. 4:17-CV-00263 BSM

GERALD LOWERILY, Inmate,
FAULKNER CO. DETENTION CENTER, et al.

DEFENDANTS

ORDER
The recommended partial disposition [Doc. No. 10] submitted by United States
Magistrate Judge J. Thomas Ray and plaintiff Daniel Wedsted’s objections [Doc. No. 11]
thereto have been received. After de novo review, the recommended partial disposition is
adopted in its entirety. Accordingly, Wedsted’s claim against Gerald Lowerily is dismissed
without prejudice. His failure to protect claim is dismissed without prejudice. His Prison
Rape Elimination Act claim is dismissed with prejudice. His inhumane conditions claim is
dismissed without prejudice. His inadequate medical care claim against defendant Tonya
Parker is dismissed without prejudice. It is certified that an in forma pauperis appeal would
not be taken in good faith.
Wedsted will be permitted to proceed with his inadequate medical care claim against
defendant Brett Carpenter. Carpenter is directed to file a response to Wedsted’s motion for
a preliminary injunction [Doc. No. 9] at the time he files his answer or other responsive
pleading. The clerk is directed to prepare a summons for Carpenter, and the U.S. Marshal
is directed to serve Carpenter with the summons, complaint, amended complaint, and motion

for preliminary injunction without prepayment of fees and costs or security therefore. If
Carpenter is no longer a Saline County employee, the individual responding to service must
file a sealed statement containing Carpenter’s last known private mailing address.
IT IS SO ORDERED this 3rd day of July 2017.

________________________________
UNITED STATES DISTRICT JUDGE