Henyard v. Edwards et al

Filing 4

ORDER granting #1 motion to proceed in forma pauperis; directing Henyard's custodian to withdraw monthly payments until the statutory fee has been paid in full; directing the clerk to send a copy of this Order to the Administrator of the Pulaski County Detention Center; staying case; and directing Henyard to move to reopen this case after final disposition of his state criminal case, including any appeal. Any motion to reopen must be filed within 60 days of that final disposition. If Henyard doesnt file a timely motion to reopen or astatus report by 12/31/2021, then the case will be dismissed without prejudice. Signed by Judge Brian S. Miller on 1/7/2021. (kdr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
PAUL HENYARD, JR.

v.

PLAINTIFF

CASE NO. 4:21-CV-00013 BSM

LUCAS EDWARDS, et al.

DEFENDANTS
ORDER

Paul Henyard, Jr.’s motion to proceed in forma pauperis [Doc. No. 1] is granted, but
he must pay the full filing fee of $350. The Court does not assess an initial partial filing fee.
Henyard’s custodian shall withdraw monthly payments in the amount of twenty percent of
the preceding month’s income credited to his account each time the account exceeds $10
until the statutory fee has been paid in full. 28 U.S.C. § 1915(b)(2). The clerk is directed to
send a copy of this order the Administrator of the Pulaski County Detention Center, 3201
West Roosevelt Road, Little Rock, Arkansas 72204.
Henyard’s incarceration triggers automatic screening of his complaint. See 28 U.S.C.
§ 1915A. Henyard’s federal claims may not proceed while his state criminal case, State v.
Henyard, 60CR-20-3852, is ongoing. Younger v. Harris, 401 U.S. 37, 43-45 (1971);
Yamaha Motor Corporation, U.S.A. v. Stroud, 179 F.3d 598, 603-04 (8th Cir. 1999).
Accordingly, this case is stayed. Henyard can move to reopen this case after final disposition
of his state criminal case, including any appeal. Any motion to reopen must be filed within

sixty days of that final disposition. If Henyard doesn’t file a timely motion to reopen or a
status report by December 31, 2021, then the case will be dismissed without prejudice.
IT IS SO ORDERED this 7th day of January, 2021.

________________________________
UNITED STATES DISTRICT JUDGE