Davis v. Walker et al
ORDER directing Davis to file an amended pleading - either an amended 1983 complaint or a habeas corpus petition - by 9/15/2016. If he doesn't, then his case will be dismissed without prejudice. The Court directs the Clerk to send Davis a 1983 complaint form and a 2254 habeas petition form with a copy of this Order. Signed by Judge D. P. Marshall Jr. on 8/16/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CURTIS WALKER, Prosecuting Attorney,
Mississippi County; CHARLES E. ELLIS,
Public Defender, Mississippi County
1. Davis has filed a pro se complaint against his former public defender
and a Mississippi County prosecutor. NQ 2. He says they violated his
constitutional rights during his state criminal proceedings. And he wants
either money or to be released from prison. NQ 2 at 8.
2. The Court must sort out what kind of case this is. Davis can't pursue
both damages and release in the same lawsuit. If he wants to sue for
damages, then a § 1983 complaint is appropriate. (His claims may still be
barred by other federal law, though. E.g., Heck v. Humphry, 512 U.S. 477,
486-87 (1994)). If, on the other hand, Davis wants to challenge his conviction
and try to get out of prison, then he must file a habeas corpus petition. Freiser
v. Rodriguez, 411 U.S. 475, 500 (1973).
3. The Court needs clarification from Davis. He must file an amended
pleading-either an amended§ 1983 complaint or a habeas corpus petition- by
15 September 2016. If he doesn't, then his case will be dismissed without
prejudice. LOCAL RULE 5.5(c)(2).
4. The Court directs the Clerk to send Davis a § 1983 complaint form
and a § 2254 habeas petition form with a copy of this Order.
D.P. Marshall Jr.
United States District Judge
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