Harper v. Hunter et al
ORDER granting 1 Motion to Proceed in forma pauperis. Harper must pay the filing fee, but over time. Harper's custodian must collect monthly payments from Harper'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 the Poinsett County Detention Center. Harper's claim against Judge Hunter is dismissed with prejudice. Harper is directed to file a n amended complaint setting out the status of his state conviction and sentence giving details about how Skelton allegedly violated his rights by 9/25/2016, otherwise his claim against Skelton will be dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 8/26/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
ROBBY ALLEN HARPER
RON HUNTER, Judge;
RYAN SKELTON, Probation Officer
1. Motion to proceed in forma pauperis, Ng 1, granted. Harper must pay
the filing fee, but over time. 28 U.S.C. § 1915(b)(l). The Court won't assess
an initial partial filing fee because Harper can't afford to pay one. But
Harper's custodian must collect monthly payments from Harper'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 Harper'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 the Poinsett County Detention Center, 1500 Justice Drive, Harrisburg,
3. The Court must screen Harper's complaint. 28 U.S.C. § 1915A.
Harper says that Poinsett County Circuit Judge Ron Hunter unjustifiably
sentenced him to jail time. But-with one exception that doesn't apply
here-Judge Hunter can't be sued for acts done in his capacity as a judge.
Mireles v. Waco,502 U.S. 9, 11-12 (1991). Harper's claim against Judge Hunter
is therefore dismissed with prejudice.
4. Before Harper can proceed with his claim against Skelton, the Court
needs more information about the state criminal case. Unless Harper's
sentence has been reversed, expunged, or declared invalid, he can't challenge
it in this § 1983 lawsuit. Heck v. Humphrey, 512 U.S. 477, 486-87 (1994).
Harper must therefore file an amended complaint setting out the status of his
state conviction and sentence and giving details about how Skelton allegedly
violated his rights.
If Harper doesn't file an amended complaint by
25 September 2016, then his claim against Skelton will be dismissed without
prejudice. LOCAL RULE 5.5(c)(2).
D.P. Marshall Jr. 1/
United States District Judge
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