Cotton v. Hunter et al

Filing 5

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
JONESBORO DIVIVSION
TRAVIS STEVEN COTTON

v.

PLAINTIFF

No. 3:17-cv-269-DPM

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

DEFENDANTS

ORDER
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
$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
Cotton'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
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
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 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

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11 October 2018, then the Court will reopen the case and dismiss it
without prejudice.
So Ordered.

fr.

D.P. Marshall
United States District Judge

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