Pinney v. Waring et al

Filing 57

ORDER denying as moot 53 Motion to correct. 56 Motion denied. Nothing in Pinney's new papers, 54 - 56 indicates that his state criminal appeal has been resolved. This case must therefore remain stayed. Signed by Chief Judge D. P. Marshall Jr. on 10/9/2019. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARK ANS AS WESTERN DIV ISIO N JOH NAT HAN PINNEY #173141 PLAINTIFF No. 4:19-cv-138-DPM v. CHRIS WAR ING , Lieutenant, Fairfield Bay Police Department; CHA D BROWN, State's Attorney; FOSTER, Van Buren Coun ty Judiciary; MARK RODDENBERRY, Sergeant, Fairfield Bay Police Department; DALLAS CLARK, Code Enforcement Officer, Fairfield Bay; LUCAS EMBERTON, Sheriff, Van Buren County; and CATHY HERSMAN, Fairfield Bay Com mun ity Club DEF END ANT S ORDER 1. Moti on to correct, NQ 53, deni ed as moo t. The Cler k alrea dy 5:19filed a copy of NQ 47 in Pinn ey's othe r case. NQ 7 in E.D. Ark. No. cv-229-KGB-BD. 2. Moti on, NQ 56, deni ed. Noth ing in Pinn ey' s new pape rs, NQ 54This case 56, indic ates that his state crim inal appe al has been resol ved. mus t there fore rema in staye d. is 3. The Cour t unde rstan ds that Pinn ey belie ves a stay ed inap prop riate . But this Cour t has ruled on the issue; and the Unit States Court of Appea ls for the Eighth Circuit denied Pinney permis sion to file an interlo cutory appeal. NQ 16, 23 & 41. If Pinney continu es to file motion s on this settled point, then the Court will consid er restricting his filing privileges. So Ordere d. D.P. Marshall ; United States District Judge -2-

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