Jarrett v. Grosser et al
ORDER granting 1 Motion to proceed in forma pauperis; assessing an initial partial filing fee of $108.00; directing the initial partial filing fee and monthly payments be made from Plaintiff's prison trust account for the $350 filing fee; directing the Clerk to update Jarrett's mailing address on the Court's docket and to send a copy of this Order to the ADC Compliance Office, the ADC Trust Fund Centralized Banking Office, and the Warden of the Ouachita River Unit of t he Arkansas Division of Correction; barring his current requested relief-the return of the seized property because this Court will not undertake appellate review of the decisions of a state court; abstaining from proceeding with Jarrett's racial profiling allegation because the criminal case is ongoing in the appellate courts; putting his on hold claims until there's a final disposition of his pending state charges; and directing the Clerk to stay and administratively terminate this ca se. Any motion to reopen must be filed within 60 days of that final disposition. If Jarrett doesn't file a timely motion to reopen or a status report by 07/30/2023, then the Court will reopen the case and dismiss it without prejudice. Signed by Chief Judge D. P. Marshall Jr. on 09/16/2022. (llg)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BOBBY L. GROSSER, Patrol
Officer, North Little Rock Police
Department; DOE, Unknown
Superior Patrol Officer, NLRPD
Motion to proceed in forma pauperis, Doc. 1, is granted. The
Court assesses an initial partial filing fee of $108.00. Jarrett's custodian
must collect the partial filing fee and thereafter, monthly payments
from Jarrett'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
Jarrett's behalf must be clearly identified by the case name and case
Jarrett states, and the Court has confirmed, that he is now
housed at the Ouachita River Unit of the Arkansas Division of
Correction. Doc. 2 at 3. The Court directs the Clerk to update Jarrett's
mailing address on the Court's docket and to send a copy of this Order
to three addressees:
the ADC Compliance Office, P.O. Box 20550, Pine
Bluff, AR 71612;
the ADC Trust Fund Centralized Banking Office, P.O.
Box 8908, Pine Bluff, AR, 71611; and
the Warden of the Ouachita River Unit of the Arkansas
Division of Correction, 100 Walco Lane, Malvern, AR
The Court must screen Jarrett's § 1983 complaint. Doc. 2;
28 U.S.C. § 1915(e). He has sued two patrol officers, alleging they
racially profiled and stopped him because of his race and the quality of
car he was driving. His car was searched and seized, and he was
convicted of possessing drugs and firearms. State v. Jarrett, 60-CR-213649. His appeal of those convictions remains pending. Jarrett seeks
the return of $4,018, his car, and damages.
In a state forfeiture action, an agreed order was issued returning
$2,000 to Jarrett but forfeiting his car and the remaining $2,018. State v.
$4,018 in U.S. Currency, 2011 Mercedes C300, 60-CV-21-4092. Here, any
due process claim fails because Jarrett's post-deprivation remedy to
address the loss was the forfeiture action. See Hudson v. Palmer, 468 U.S.
517, 533 (1984). And, because this Court will not undertake appellate
review of the decisions of a state court, his current requested relief-2-
the return of the seized property - is barred by the Rooker-Feldman
doctrine. Exxon Mobil Corp. v. Saudi Basic Industries Corp., 544 U.S. 280,
284 (2005); see also Skinner v. Switzer, 562 U.S. 521, 531-32 (2011).
The Court must abstain from proceeding with Jarrett's racial
profiling allegation because the criminal case is ongoing in the
Huffman v. Pursue, Ltd., 420 U.S. 592, 608 (1975).
Arkansas has an important interest in enforcing its criminal laws, and
Jarrett may well have raised his constitutional claims in his state
Younger v. Harris, 401 U.S. 37, 43-45 (1971);
Mounkes v. Conklin, 922 F. Supp. 1501, 1510-13 (D. Kansas 1996).
Further, Jarrett hasn't alleged bad faith, harassment, or any other
inappropriate. Tony Alamo Christian Ministries v. Selig, 664 F.3d 1245,
1254 (8th Cir. 2012). His claims must therefore be put on hold until
there's a final disposition of his pending state charges. Yamaha Motor
Corporation, U.S.A. v. Stroud, 179 F.3d 598, 603-04 (8th Cir. 1999).
The Court directs the Clerk to stay and administratively terminate
this case. Jarret can move to reopen this case after final disposition of
his state cases, including any appeal. Any motion to reopen must be
filed within sixty days of that final disposition. If Jarrett doesn't file a
timely motion to reopen or a status report by 30 July 2023, then the
Court will reopen the case and dismiss it without prejudice.
D.P. Marshall Jr.
United States District Judge
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