IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

JOHN MICHAEL CARNEY PLAINTIFF

No. 4:24-cv-792-DPM

MORGAN E. WELCH, in his capacity as Circuit Judge for Pulaski County Arkansas, Sixteenth Division; CENTRAL ARKANSAS RADIATION THERAPY INSTITUTE, INC. d/b/a CARTI; DOCTORS COMPANY; BRENT DAVID CAMERON, M.D.; MATTHEW EMERY HARDEE, M.D. DEFENDANTS

JOHN MICHAEL CARNEY PLAINTIFF

v. No. 4:24-cv-809-DPM

MORGAN E. WELCH, in his capacity as Circuit Judge for Pulaski County Arkansas, Sixteenth Division; CENTRAL ARKANSAS RADIATION THERAPY INSTITUTE, INC. d/b/a CARTI; DOCTORS COMPANY; BRENT DAVID CAMERON, M.D.; MATTHEW EMERY HARDEE, M.D. DEFENDANTS

ORDER Carney filed two identical cases five days apart. The Court consolidated them. In essence, he’s asking this Court to enjoin the

Pulaski County Circuit Court from ordering the execution of a blank medical authorization. The defendants have moved to dismiss. Those motions are granted. First, Judge Welch is entitled to Eleventh Amendment sovereign immunity. Lewis v. Clarke,

(2017). He was only sued in his official capacity; and Ex parte Young’s narrow exception for prospective injunctive relief doesn’t apply to state court judges.

(1908); Whole Woman's Health v. Jackson,

, 39 (2021). Second, the CARTI defendants. The Rooker-Feldman doctrine bars this Court from interfering with the state court’s ruling on the parties’ discovery dispute. Carney lost on that issue there. This Court lacks subject matter jurisdiction to redress his injury. Exxon Mobil Corp. v. Saudi Basic Industries Corp.,

(2005). This is true even though Carney is seeking relief from an interlocutory order, not a final judgment. Keene Corp. v. Cass,

(8th Cir. 1990). Carney did style parts of the complaint as a general constitutional challenge. But the core of the claim is inextricably intertwined with the state court’s rulings.

Motions to dismiss in 4:24-cv-809-DPM, Doc. 11 & Doc. 26, granted. Motion to dismiss in 4:24-cv-792-DPM, Doc. 3, granted. Judgment in each case will issue.

~2-

So Ordered.

D.P. Marshall Jr. United States District Judge 3 Bocemla Ray

fl.