Martin v. Rodriquez et al

Filing 3

ORDER granting 1 Motion to proceed in forma pauperis. Martin is assessed an initial partial filing fee of $16.23. After the initial fee is collected, Martin's custodian is directed to collect monthly payments from Martin's prison tru st account and forward them to the Clerk of the Court until the total $350 filing fee is paid. The Court directs the Clerk to send a copy of this Order to the Sheriff for the Pulaski County Detention Center. The Court must abstain from proceedin g with Martin's federal case because the criminal charges pending against him are ongoing. This case is stayed pending disposition of Martin's state case. Martin can move to reopen this case within sixty days from the final date of the disposition of his state case. If Martin doesn't file a timely motion to reopen or a status report by 7/31/2017, then the Court will reopen the case and dismiss it without prejudice. Signed by Judge D. P. Marshall Jr. on 7/29/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

DESHON LADON MARTIN
ADC #657914

v.

No. 4:16-cv-524-DPM

RODRIQUEZ, Patrol Officer, NLRPD,
MAYNARD, Patrol Officer, NLRPD,
MOSS, Detective, NLRPD

DEFENDANTS

ORDER
1. Motion to proceed in forma pauperis, Ng 1, granted. Martin must pay
the filing fee, but over time. 28 U.S.C. § 1915(b)(l). The Court assesses an
initial partial filing fee of $16.23. After the initial fee is collected, Martin's
custodian must collect monthly payments from Martin'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 Martin's behalf must be clearly identified by the case
name and case number.

2. The Court directs the Clerk to send a copy of this Order to the Sheriff
for the Pulaski County Detention Center, 3201 West Roosevelt Road, Little
Rock, Arkansas 72204.
3. The Court must screen Martin's complaint. 28 U.S.C. § 1915A.
Martin says he's being falsely imprisoned. North Little Rock Police came to
his house after a domestic violence call and found drug paraphernalia.
Martin was arrested; and the charges against him are still pending in state
court.
The Court must abstain from proceeding with Martin's federal case
because the criminal charges pending against him are ongoing, the state has
an important interest in enforcing its criminal laws, and Martin 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 will therefore be stayed until there is a
final disposition of Martin's pending state charges. Wallace v . Kato, 549 U.S.

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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 pending disposition of Martin's state case. Martin
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 Martin doesn't file a timely motion to reopen or a status report
by 31 July 2017, then the Court will reopen the case and dismiss it without
prejudice.
So Ordered.

ti

D.P. Marshall Jr.
United States District Judge

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