Johnson v. Collans et al

Filing 5

ORDER granting #1 Motion to proceed in forma pauperis. Johnson's custodian is directed to collect monthly payments from his prison trust account and forward them to the Clerk of Court until the $350 filing fee is paid in full. The Court directs the Clerk to send a copy of this Order to the Administrator of the Osceola Jail. This case is stayed; and the Court directs the Clerk to administratively terminate it. Johnson can move to reopen this case after final disposition of his state case, including any appeal. If Johnson doesn't file a timely motion to reopen or a status report by 10/8/2020 then the Court will reopen the case and dismiss it without prejudice. Signed by Chief Judge D. P. Marshall Jr. on 10/8/2019. (jak)

IN THE UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF ARK ANS AS
JONESBORO DIV ISIO N
PLAINTIFF

JAMES JOH NSO N

v.

No. 3:19-cv-271-DPM

OLLIE COLLANS, Chie f, Osce ola Polic e
Department; BILL FOSTER, Jail
Administrator, Osceola; RONNIE WILLIAM,
C.I.D., Security for O.H.A. Hou sing , Osce ola
Polic e Department; BOBBY MARTINAZ,
Patrol Officer, Osce ola Polic e Department;
and MARVEL CARR, Scho ol Security,
Osce ola Polic e Depa rtme nt

DEF END ANT S

ORDER
1. Moti on to proc eed in forma pauperis, NQ 1, gran ted. The Cour t
d to
won 't assess an initia l parti al filing fee beca use John son can't affor

But his custo dian mus t collect mon thly paym ents from
unt
John son's priso n trust acco unt each time the amo unt in the acco
the
exce eds $10.00. Thes e paym ents will be equa l to twen ty perc ent of
be
prec edin g mon th's inco me cred ited to the account; and they will
filing
collected and forw arde d to the Cler k of the Cour t until the $350.00
d on
fee is paid in full. 28 U.S.C. § 1915(b)(2). The paym ents forw arde
case
John son's beha lf mus t be clearly iden tified by case nam e and
pay one.

num ber.

2. The Cour t directs the Cler k to send a copy of this orde r to the
nsas
Adm inist rator of the Osceola Jail, 401 Wes t Keiser, Osceola, Arka
72370.
3. The Cour t mus t scree n John son's comp laint . NQ 2; 28 U.S.C.
He was
§ 1915A. John son was char ged with rape and is awai ting trial.
d
bann ed for a year from all Osce ola Hou sing Auth ority prop ertie s base
seek s
on the alleg ed rape. John son main tains his inno cenc e and
dama ges. NQ 2.
The Cour t mus t absta in from proc eedi ng with John son's fede ral
rtant
case beca use the crim inal case is ongo ing, Arka nsas has an impo
his
inter est in enfo rcing its crim inal laws , and John son may raise
ger v.
cons tituti onal claims durin g his state crim inal proc eedin gs. Youn
. 1501,
Harris, 401 U.S. 37, 43-45 (1971); Mounkes v. Conklin, 922 F. Supp

ssing
1510-13 (D. Kans as 1996). He says Will iam and Mart inaz are hara
but
him and that he's been wron gfull y accu sed of rape three times;
ary
there 's no indic ation of the type of bad faith or extra ordin
o
circu msta nces that wou ld mak e abste ntion inap prop riate . Tony Alam
2012).
Christian Ministries v. Selig, 664 F.3d 1245, 1254 (8th Cir.
final
John son's claims mus t there fore be put on hold until there 's a
n,
dispo sitio n of his pend ing state charges. Yamaha Motor Corporatio
U.S.A. v. Stroud, 179 F.3d 598, 603-04 (8th Cir. 1999).

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*
This case is staye d;

*

*

and the Cour t direc ts the Clerk to

admi nistra tively termi nate it. Johns on can move to reope n this case
after final dispo sition of his state case, inclu ding any appea l. Any
motio n to reope n must be filed withi n sixty days of that final
dispo sition . If Johns on doesn 't file a timel y motio n to reope n or a statu s
repor t by 8 Octo ber 2020, then the Cour t will reope n the case and
dismi ss it witho ut preju dice.
So Orde red.
D.P. Mars hall Jr.
Unite d State s District Judg e

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