Franks v. Clark

Filing 3

ORDER granting 1 Motion to Proceed In Forma Pauperis. Franks must pay the filing fee and the Court won't assess an initial partial filing fee. Franks's custodian is directed to collect monthly payments from Franks's prison trust acco unt and forward them to the Clerk of the Court until the $350 filing fee is fully paid. The Court directs the Clerk to send a copy of this Order to the Sheriff of the Poinsett County Detention Center. Franks's complaint will be dismissed w ithout prejudice for failure to state a claim. This dismissal constitutes a "strike". An in forma pauperis appeal from this Order and accompanying Judgment would not be taken in good faith. Signed by Judge D. P. Marshall Jr. on 9/30/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
PLAINTIFF

BELINDA KAYE FRANKS

v.

No. 3:16-cv-251-DPM

JAMIE CLARK, Bondslady, Gulley Bail Bonds;
and GULLEY BAIL BONDS

DEFENDANTS

ORDER
1. Franks' s motion to proceed in forma pauperis, NQ 1, is granted. Franks

must pay the filing fee, but overtime. 28U.S.C.§1915(b)(1). The Court won't
assess an initial partial filing fee, because Franks can't afford to pay one. But
Franks' s custodian must collect monthly payments from Franks' 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 fully paid. 28 U.S.C. § 1915(b)(2). The
payments forwarded to the Oerk on Franks' s behalf must be clearly identified
by the case name and case number. 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, AR 72432.
2. The Court must screen Franks's complaint. 28 U.S.C. § 1915A.

Franks says that Jamie Clark and Gulley Bail Bonds improperly withdrew
money from her debit card. But Clark and Gulley Bail Bonds are not state
actors who can be sued under§ 1983 for allegedly violating the Constitution.
Though not precedent, Murillo v. Liz and Stan Bail Bonds, Inc., 138 F. App'x 868
(8th Cir. 2005) is persuasive authority based on the facts and the precedents
it relies on.
3. Franks' s complaint will be dismissed without prejudice for failure to
state a claim. This dismissal constitutes a "strike" within the meaning of 28
U.S.C. § 1915(g).

An in forma pauperis appeal from this Order and

accompanying Judgment would not be taken in good faith.
§ 1915(a)(3).

So Ordered.

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28 U.S.C.