Cotton v. Hunter et al
ORDER granting 1 Motion to Proceed In Forma Pauperis. Cotton must pay the filing fee, but over time. The Court won't assess an initial partial filing fee but Plaintiff's custodian is directed to collect monthly payments from Cotton's prison trust account and forward them to the Clerk of the Court until the total $350 filing fee is paid in full. The Court directs the Clerk to send a copy of this Order to the Administrator of the Poinsett County Detention Center. This case is stayed. Any motion to reopen must be filed within 60 days of the final disposition of his state case. If Cotton doesn't file a timely motion to reopen or a status report by 10/11/2018 then the Court will reopen the case and dismiss it without prejudice. Signed by Judge D. P. Marshall Jr. on 10/12/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
TRAVIS STEVEN COTTON
RON HUNTER, Poinsett County Judge,
CHAD HENDSON, Trumann Police
Department, KEVIN MOULEER, Sheriff,
Poinsett County, MICHEAL MATTLOCK,
Officer, Marked Tree Police Department,
MARKED TREE POLICE DEPARTMENT
1. Motion to proceed in forma pauperis, NQ 1, granted. Cotton must
pay the filing fee, but over time. 28U.S.C.§1915(b)(l). The Court won't
assess an initial partial filing fee because Cotton can't afford to pay one.
NQ 4. But his custodian must collect monthly payments from Cotton's
prison trust account each time the amount in the account exceeds
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
Cotton's behalf must be clearly identified by case name and case
2. The Court directs the Clerk to send a copy of this order to the
Administrator of the Poinsett County Detention Center, 1500 Justice
Drive, Harrisburg, Arkansas 72432.
3. The Court must screen Cotton's complaint. NQ 2; 28 U.S.C.
§ 1915A. Cotton alleges that he was arrested without probable cause
and is being unlawfully detained on charges in an ongoing state
criminal proceeding. He seeks damages. NQ 2. The Court must abstain
from proceeding with Cotton's federal case because the criminal case is
ongoing, Arkansas has an important interest in enforcing its criminal
laws, and Cotton may raise his constitutional claims during his state
Younger v. Harris, 401 U.S. 37, 43-45 (1971).
Further, there's no indication of bad faith, harassment, or any other
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 Cotton's pending 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).
This case is stayed. Cotton 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
Cotton doesn't file a timely motion to reopen or a status report by
11 October 2018, then the Court will reopen the case and dismiss it
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?