Angel v. Jonesboro Police Department

Filing 3

ORDER granting 1 Motion to proceed in forma pauperis. If Angel wants to challenge some new actions by JPD officers, she must file an amended complaint giving particulars - naming the officers, explaining what they did, and listing law that was supposedly violated. Any amended complaint due by 7/3/2017. If Angel doesn't amend her complaint by that deadline, the Court will dismiss this case without prejudice. Signed by Judge D. P. Marshall Jr. on 6/5/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
MICAH ANGEL
v.

PLAINTIFF
No. 3:17-cv-133-DPM

JONESBORO POLICE DEPARTMENT

DEFENDANT

ORDER
1. Angel's motion to proceed in forma pauperis, NQ 1, is granted. She has

no income, few assets, a dependent child, and the usual expenses. She can't
afford the filing fee.
2. The Court must screen Angel's complaint, NQ 2, before ordering

service and sending the case forward. 28 U.S.C. § 1915(e)(2). The Court
dismissed Angel's previous complaint against the Jonesboro Police
Department for failure to state a claim. No. 3:16-cv-203-DPM. It appears that
Angel is asking, in this new case, for her first case to go forward. The answer
to that question is no. The Court has already decided that the matters Angel
challenged before didn't state a legal claim. NQ 11 in No. 3:16-cv-203-DPM.
That decision stands and bars relitigation of that issue. Germain Real Estate
Co., LLC v. HCH Toyota, LLC, 778 F.3d 692, 696 (8th Cir. 2015) (relying on
RESTATEMENT (SECOND) OF JUDGMENTS § 13). If Angel wants to challenge

some new actions by JPD officers,*she must file an amended complaint giving
particulars - naming the officers, explaining what they did, and listing law
that was supposedly violated. Any amended complaint due by 3 July 2017.

If Angel doesn't amend her complaint by that deadline, the Court will dismiss
this case without prejudice.
So Ordered.
v

D.P. Marshall Jr.
United States District Judge

*
JPD itself can't be sued. E.g., Ketchum v. City of West Memphis,
Arkansas, 974 F.2d 81, 82-84 (8th Cir. 1992).
-2-