Aaron Anthony Flemons v. Emma Hatchett, Health Services Administrator

United States Court of Appeals
For the Eighth Circuit
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No. 24-2294
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Aaron Anthony Flemons
lllllllllllllllllllllPlaintiff - Appellant
v.
Emma Hatchett, Health Services Administrator; Angela Douglas, Director of
Nurses; Tracy Bennett, APRN, Medical Care Provider; Hays, Medical Care
Provider; Kerstein, Dr., Medical Care Provider; Graham, Sgt., ADC Security Staff
lllllllllllllllllllllDefendants - Appellees
Does, 1-2, Medical and ADC Security Staff Members
lllllllllllllllllllllDefendant
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Appeal from United States District Court
for the Eastern District of Arkansas - Delta
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Submitted: January 14, 2025
Filed: January 17, 2025
[Unpublished]
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Before LOKEN, GRUENDER, and KOBES, Circuit Judges.
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PER CURIAM.

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In this interlocutory appeal, Arkansas inmate Aaron Flemons appeals the
district court’s1 denial of a temporary restraining order (TRO), a preliminary
injunction, and an evidentiary hearing in his civil rights action. He also appeals the
court’s grant of his motion to consider belated objections. After careful consideration
of the record and the parties’ arguments on appeal, we conclude that we lack
jurisdiction as to the denial of his motion for TRO, see Hamm v. Groose, 15 F.3d 110,
112-13 (8th Cir. 1994), the denial of his motion for an evidentiary hearing, see Livers
v. Schenck, 700 F.3d 340, 350 (8th Cir. 2012), and the grant of his motion to consider
objections, see United States v. Northshore Mining Co., 576 F.3d 840, 847 (8th Cir.
2009). We further conclude that the district court did not abuse its discretion in
denying preliminary injunctive relief. See Phyllis Schlafly Revocable Tr. v. Cori, 924
F.3d 1004, 1009 (8th Cir. 2019) (standard of review).
Accordingly, the denial of a preliminary injunction is affirmed, and the
remainder of the appeal is dismissed for lack of jurisdiction. See 8th Cir. R. 47B.
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1The Honorable Brian S. Miller, United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendations of the Honorable Edie
R. Ervin, United States Magistrate Judge for the Eastern District of Arkansas.
-2-

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