Grant v. Carter et al
ORDER granting 4 Motion to Proceed In Forma Pauperis. Grant must pay the filing fee over time. The Court won't assess an initial partial filing fee but Grant's custodian must collect monthly payments from Grant's prison trust account and forward them to the Clerk of the Court until the $350 fee is paid in full. The Court directs the Clerk to send a copy of this Order to the Sheriff of the Greene County Detention Center. Grant's motion to appoint counsel is denied witho ut prejudice as premature. This case is stayed pending disposition of Grant's state case. Grant can move to reopen the case after final disposition of his state case, including any appeal. If Grant doesn't file a timely motion to reopen or a status report by 8/16/2017, then the Court will reopen the case and dismiss it without prejudice. Signed by Judge D. P. Marshall Jr. on 8/16/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ALONZO TYRONE GRANT
DAVID CARTER, Sheriff, Greene County;
MIKE RYLES, Lieutenant, Greene County
Sheriff's Office; RANDY SIPES, Captain,
Greene County Sheriff's Office; and
TONY CHARLES ROE, Sergeant,
Arkansas State Police
1. Motion to proceed in forma pauperis, N2 4, granted. Grant must pay
the filing fee, but over time. 28 U.S.C. § 1915(b)(1). The Court won't assess
an initial partial filing fee because Grant can't afford to pay one. But Grant's
custodian must collect monthly payments from Grant's prison trust account
each time the amount in the account exceeds $10.00. These payments will be
equal to twenty percent of the preceding month's income credited to the
account; and they will be collected and forwarded to the Clerk of the Court
until the $350.00 filing fee is paid in full.
28 U.S.C. § 1915(b)(2). The
payments forwarded on Grant's behalf must be clearly identified by case
name and case number.
2. The Court directs the Clerk to send a copy of this Order to the Sheriff
for the Greene County Detention Center, 1809 North Rocking Chair Road,
Paragould, Arkansas 72450.
3. The Court must screen Grant's complaint. 28 U.S.C. § 1915A. Grant
says he's being falsely imprisoned. He says the Defendants unlawfully
searched his house, found drugs, and arrested him. Grant is in the Greene
County Detention Center awaiting trial on state charges arising from the
The Court must abstain from proceeding with Grant's federal case
because the criminal charges pending against him are ongoing, the state has
an important interest in enforcing its criminal laws, and Grant may raise his
constitutional claims during his state criminal proceedings. Younger v. Harris,
401 U.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 Grant'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).
4. In light of the stay, Grant's motion to appoint counsel, NQ 6, is denied
without prejudice as premature.
This case is stayed pending disposition of Grant's state case. Grant can
move to reopen this case after final disposition of his state case, including any
appeal. Any motion to reopen must be filed within sixty days of that final
disposition. If Grant doesn't file a timely motion to reopen or a status report
by 16 August 2017, then the Court will reopen the case and dismiss it without
D.P. Marshall Jr./
United States District Judge
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