Ware v. Hunter et al
ORDER OF DISMISSAL. Mr. Ware's claims are dismissed, without prejudice. The Clerk is directed to close this case. Signed by Judge James M. Moody Jr. on 5/17/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CASE NO. 3:17-CV-109-JM
RON HUNTER, et al.
ORDER OF DISMISSAL
Jonathan Ware, an inmate at the Poinsett County Detention Center, filed this
lawsuit without the help of a lawyer under 42 U.S.C. § 1983. (Docket entry #2) In his
complaint, Mr. Ware alleges that he has been improperly held because of an excessive
bond requirement set in his state-court criminal case. He requests that his bond be
reduced and that he be awarded damages for the time that he has been held on an
excessive bail. Mr. Ware cannot proceed on his claims at this time.
“The proper means to challenge a bail decision is by a writ of certiorari, and a
party who does not seek a timely writ of certiorari from a bail decision abandons the
issue.” Irvin v. State, 345 Ark. 541, 49 S.W.3d 635 (2001). Furthermore, Mr. Ware’s
state criminal case is ongoing. The State of Arkansas has an important interest in
enforcing its criminal laws, and Mr. Ware may raise this claim during his state criminal
proceedings. Younger v. Harris, 401 U.S. 37, 43-45 (1971). There is no indication of any
extraordinary circumstances that would make abstention inappropriate. Tony Alamo
Christian Ministries v. Selig, 664 F.3d 1245, 1254 (8th Cir. 2012).
Therefore, Mr. Ware’s claims are DISMISSED, without prejudice. The Clerk is
directed to close this case.
IT IS SO ORDERED, this 17th day of May, 2017.
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?