Jones v. Boykins et al
ORDER granting 5 Motion to Proceed In Forma Pauperis. Jones's custodian must collect an initial partial filing fee of $1.49 from Jones's prison trust account and forward it along with future payments to the Clerk of the Court until t he total $350 is paid in full. The Court directs the Clerk to send a copy of this Order to the Sheriff of Poinsett County Detention Center. This case is stayed pending disposition of Jones's state case. Jones must file a motion to reopen t his case within sixty days of the final disposition of his state case, including any appeal. If he doesn't file a timely motion to reopen or a status report by 1 June 2017, then the Court will reopen the case and dismiss it without prejudice. Signed by Judge D. P. Marshall Jr. on 6/3/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
D. BOYKINS, Sergeant, Marked Tree Police
Department, and JERRY LUNG, Chief,
Marked Tree Police Department,
both in their Individual and Official Capacities
1. Motion to proceed in forma pauperis, Ng 5, granted. Jones must pay the
filing fee, but over time. 28 U.S.C. § 1915(b). Jones's custodian must collect
an initial partial filing fee of $1.49 from Jones's prison trust account and
forward it to the Clerk of Court. After the initial fee is collected, Jones' s
custodian must collect monthly payments each time the amount in Jones' s
account exceeds $10.00.
These payments will be equal to 20% of the
preceding month's income credited to the account; and they will be collected
and forwarded to the Clerk of Court until the $350.00 filing fee is paid in full.
The payments forwarded onJones's behalf must be clearly 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 Detention Center,
1500 Justice Drive, Harrisburg, Arkansas 72432.
2. The Court must screen Jones' s complaint. 28 U.S.C. § 1915A. Jones
is in jail awaiting trial on state charges. NQ 2 at 3-4. He says Boykins lied on
the police report that resulted in his arrest.
The Court must abstain from proceeding with Jones's federal case
because the criminal charges pending against Jones are ongoing, the state
clearly has an important interest in enforcing its criminal laws, and Jones may
raise his constitutional claims during his state criminal proceedings. Younger
v. Harris, 401U.S.37, 43-45 (1971). Further, there's 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, 1254 (8th Cir. 2012). This case will therefore be stayed until there is a
final disposition of Jones's pending state charges. Wallace v. Kato, 549 U.S.
384, 393-94 (2007); Yamaha Motor Corporation, U.S.A. v. Stroud, 179 F.3d 598,
603-04 (8th Cir. 1999).
This case is stayed pending disposition of Jones' s state case. Jones must
file a motion to reopen this case within sixty days of the final disposition of
his state case, including any appeal. If he doesn't file a timely motion to
reopen or a status report by 1June2017, then the Court will reopen the case
and dismiss it without prejudice.
D.P. Marshall Jr. I
United States District Judge
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