Addison v. Galoway et al

Filing 4

ORDER granting 1 Motion to Proceed In Forma Pauperis. Addison must pay the $350 filing fee. The Court directs his current custodian to collect an initial partial filing fee of $1.62 from plaintiff's prison trust account and forward t he amount along with future monthly payments to the Clerk of Court. The Court directs the Clerk to send a copy of this Order to the Sheriff of Poinsett County. This case is stayed pending disposition of State of Arkansas v. Nicholas Addison, Case No . CR-2014-392. Either party may file a motion to reopen this case within sixty days after the final disposition of the state court action, including any appeal. If neither party files a timely motion to reopen or seeks any relief by 9 May 2016, the Court will reopen the case and dismiss it without prejudice. The Court directs the Clerk to administratively terminate this case for now. Signed by Judge D. P. Marshall Jr. on 4/27/2015. (jak)

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

NICHOLAS CORTEZ ADDISON

v.

PLAINTIFF

No. 3:15-cv-69-DPM

JIMMY GALOWAY, Prosecuting
Attorney, Poinsett County; BEN
BRISTOW, Defendant's Attorney,
Poinsett County; CLAUDIA MATTEWS,
Circuit Clerk and Recorder, Poinsett
County; MISTY RICHARDSON, Circuit
Clerk and Recorder, Poinsett County;
POINSETT COUNTY, ARKANSAS
CIRCUIT COURT, Criminal Division

DEFENDANTS

ORDER
1. Addison's motion to proceed in forma pauperis, NQ 1, is granted. But
he must pay the $350 filing fee. 28 U.S.C. § 1915(b). The Court directs
Addison's present custodian, the Sheriff of Poinsett County, to collect an
initial partial filing fee of $1.62 from Addison's account and send it to the
Clerk.

The Court further directs the Poinsett County Sheriff to collect

monthly installments in the amount of twenty percent of the preceding
month's income credited to Addison's account each time the balance exceeds
$10.00 until the total filing fee has been collected and sent to the Clerk. 28
U.S.C. § 1915(b)(2). Payments should be identified by the name and number

assigned to this action. The Court directs the Clerk to send a copy of this
Order to the Sheriff of Poinsett County, 1500 Justice Drive, Harrisburg, AR
72432.
2. The Court must screen Addison's complaint. 28 U.S.C. § 1915A.
Addison alleges that defendants are violating his constitutional rights in
connection with criminal charges that are pending against him in State of
Arkansas v. Nicholas Addison, Case NQ CR-2014-392. NQ 2. The Court must

abstain from proceeding with this federal case because the criminal charges
pending against Addison are ongoing, the state clearly has an important
interest in enforcing its criminal laws, and Addison may raise his
constitutional claims during his state criminal proceedings. Youngerv. Harris,
401 U.S. 37, 43-45 (1971). Furthermore, there is no indication of bad faith,
harassment, or any other extraordinary circumstances that would make
abstention inappropriate. Tony Alamo Christian Ministries v. Selig, 664 F.3d
1245, 1249 (8th Cir. 2012).
3. Addison seeks damages and injunctive relief. He is not asking this
Court to declare a state statute unconstitutional as a prelude to awarding
damages. Dismissal is not appropriate. This federal action should be stayed

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until there is a final disposition of the pending state criminal charges. Yamaha
Motor Corp., v. Stroud, 179 F.3d 598, 603-04 (8th Cir. 1999).

* * *
This case is stayed pending disposition of State of Arkansas v. Nicholas
Addison, Case NQ CR-2014-392. Either party may file a motion to reopen this

case within sixty days after final disposition of the state court action,
including any appeal. If neither party files a timely motion to reopen or seeks
any relief by 9 May 2016, the Court will reopen the case and dismiss it
without prejudice. The Court directs the Clerk to administratively terminate
this case for now.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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