Bills v. Finkenbinder

Filing 8

ORDER granting 5 & 6 Motions to proceed in forma pauperis. Plaintiff's custodian is directed to collect monthly payments from Bills's prison trust account and forward them to the Clerk of the Court until the $350 filing fee is paid in full. The Court directs the Clerk to send a copy of this Order to the Sheriff of Mississippi County. This case is stayed. Bills can move to reopen this case after final disposition of his state case, including any appeal. If Bills doesn't file a timely motion to reopen or a status report by 8/31/2017, then the Court will reopen the case and dismiss it without prejudice. Signed by Judge D. P. Marshall Jr. on 8/31/2016. (jak)

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

v.

PLAINTIFF
No. 3:16-cv-197-DPM

CHARLES FINKENBINDER, Deputy
Prosecuting Attorney, Jonesboro

DEFENDANT

ORDER
1. Motions to proceed in forma pauperis. Ng 5 & 6, granted. Bills 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 Bills can't afford to pay one. But his
custodian must collect monthly payments from Bills' 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 Bills' 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 of

Mississippi County, Mississippi County Detention Center, 685 NCR 599,
Luxora, Arkansas 72358.

3. Bills is in jail awaiting trial on state criminal charges. He believes
Deputy Prosecutor Finkenbinder is violating his speedy trial rights. The
Court must abstain from proceeding with Bills' s federal case, though, because
the criminal case is ongoing, Arkansas has an important interest in enforcing
its criminal laws, and Bills 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 must,

therefore, be put on hold until there's a final disposition of Bills'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.

*

*

Bills 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 Bills doesn't file a
timely motion to reopen or a status report by 31August2017, then the Court
will reopen the case and dismiss it without prejudice.

-2-

So Ordered.

-3-