Walker v. Mills

Filing 4

ORDER granting 1 Motion to Proceed In Forma Pauperis. Walker must pay the filing fee, but over time. The Court won't assess an initial partial filing fee. His custodian is directed to collect monthly payments from Walker's prison trust ac count 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 Poinsett County Sheriff. This case is stayed. Walker can move to reopen this case after final disposition of his state case, including any appeal. Any motion to reopen must be filed within 60 days of that final disposition. If Walker doesn't file a timely motion to reopen or a status report by 11/14/2017, then the Court will reopen the case and dismiss it without prejudice. Signed by Judge D. P. Marshall Jr. on 11/14/2016. (jak)

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

PLAINTIFF

ROBERT LANCE WALKER

v.

No. 3:16-cv-275-DPM

LARRY MILLS,
Sheriff, Poinsett County

DEFENDANT

ORDER
1. Motion to proceed in Jonna pauperis, NQ 1, granted. Walker 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 Walker can't afford to pay one. But his
custodian must collect monthly payments from Walker'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 Walker'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
Poinsett County Sheriff at the Poinsett County Detention Center, 1500 Justice
Drive, Harrisburg, Arkansas, 72432.
3. Walker is in jail awaiting trial on criminal charges. Construed
liberally, Walker's complaint makes claims against Sheriff Mills, Judge Ron
Hunter, and public defender Joseph Hughes. NQ 2 at 4, 6-8. Walker believes
Judge Hunter set his bond too high and that Hughes violated his speedy trial
rights. The Court must abstain from proceeding with Walker's federal case,
though, because the criminal case is ongoing, Arkansas has an important
interest in enforcing its criminal laws, and Walker 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
Walker's pending state charges. Wallace v. Kato, 549 U.S. 384, 393-94 (2007);
YamahaMotorCorporation, U.S.A. v. Stroud, 179F.3d598,603-04 (SthCir.1999).

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This case is stayed. Walker 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 Walker doesn't file
a timely motion to reopen or a status report by 14 November 2017, then the
Court will reopen the case and dismiss it without prejudice.
So Ordered.

D.P. Marshall Jr.
United States District Judge