Williams v. Thompson

Filing 4

ORDER granting 1 Motion to proceed in forma pauperis. Williams must pay the filing fee, but over time. No initial partial filing fee will be assessed, but his custodian must collect monthly payments from Williams's prison trust account and for ward 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 Mississippi County Sheriff. This case is stayed. Williams can move to reopen this case after final di sposition of his state case, including any appeal. Any motion to reopen must be filed within sixty days of that final disposition. If Williams doesn't file a timely motion to reopen or a status report by 3/3/2018, then the Court will reopen the case and dismiss it without prejudice. Signed by Judge D. P. Marshall Jr. on 3/3/2017. (jak)

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

RANDY WILLIAMS, JR.
v.

PLAINTIFF
No. 3:17-cv-28-DPM

ROSS THOMPSON, Chief, Blytheville
Police Department CID Detective

DEFENDANT

ORDER
1. Motion to proceed in forma pauperis, Ng 1, granted. Williams 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 Williams can't afford to pay one. But
his custodian must collect monthly payments from Williams' 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 Williams' 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
Mississippi County Sheriff at the Mississippi County Detention Center,
685 NCR 599, Luxora, Arkansas, 72358.
3. Williams is in jail awaiting trial on state criminal charges. Williams
sues for false arrest, slander, and false imprisonment. NQ 2 at 4. The Court
must abstain from proceeding with Williams' s federal case, though, because
the criminal case is ongoing, Arkansas has an important interest in enforcing
its criminal laws, and Williams 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
Williams' spending 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).

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*

This case is stayed. Williams can move to reopen this case after final
disposition of his state case, including any appeal. Any motion to reopen

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must be filed within sixty days of that final disposition. If Williams doesn' t
file a timely motion to reopen or a status report by 3 March 2018, then the
Court will reopen the case and dismiss it without prejudice.
So Ordered.

D.P. Mar~hall Jr. /
United States District Judge

3 tvfM-d Ut7

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