Williams v. Maxwell et al

Filing 6

ORDER staying the case. Williams can move to reopen this case after final disposition of his state case, including any appeal. Any motion to reopen must be filed within 60 days of that final disposition. If Williams doesn't file a timely motion to reopen or a status report by 2/16/2019, then the Court will reopen the case and dismiss it without prejudice. Signed by Judge D. P. Marshall Jr. on 2/15/2018. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVIVSION

AMBROSE BERNARD WILLIAMS
PLAINTIFF

#22441-16

v.

No. 4:18-cv-42-DPM

JULIE ECKERT,
Detective, North Little Rock

DEFENDANT
ORDER

1. The Court must screen Williams's amended complaint. NQ 5;

28 U.S.C. § 1915A. Williams appears to be in jail awaiting trial on
criminal charges. He alleges that he was arrested without probable
cause and wrongfully charged with rape. He seeks damages. NQ 5.
2. The Court must abstain from proceeding with Williams' s

federal case because the criminal case is ongoing, Arkansas has an
important interest in enforcing its criminal laws, and Williams 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
Williams' 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. Williams 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
Williams doesn't file a timely motion to reopen or a status report by
16 February 2019, then the Court will reopen the case and dismiss it
without prejudice.
So Ordered.
D .P. Marshall Jr.
United States District Judge

-2-