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Haynes v. White

October 16, 2007

JOSH HAYNES ADC #139661 PLAINTIFF
v.
ROBERT WHITE, JAILER, POINSETT COUNTY DETENTION CENTER, ET AL. DEFENDANTS



ORDER

Plaintiff Josh Haynes, who is currently incarcerated at the Wrightsville Unit of the Arkansas Department of Correction, has filed a pro se*fn1 § 1983 Complaint alleging that his constitutional rights were violated while he was being held at the Poinsett County Detention Center. See docket entry #1. For the reasons set forth herein, the Court will give Plaintiff thirty days to: (1) either pay the $350 filing fee in full, or file an Application to Proceed In Forma Pauperis along with a prisoner calculation sheet; and (2) file an Amended Complaint.

I. Filing Fee

The filing fee for commencing a § 1983 action in federal court is $350. However, Plaintiff has neither paid the filing fee nor filed an Application to Proceed In Forma Pauperis. If Plaintiff wishes to pursue this action, he must, within thirty days of the entry of this Order, either: (1) pay the $350 filing fee in full;*fn2 or (2) file a properly completed Application to Proceed In Forma Pauperis,*fn3 along with a properly completed prisoner calculation sheet.*fn4

II. Amended Complaint

The Prison Litigation Reform Act requires federal courts to screen prisoner complaints seeking relief against a governmental entity, officer, or employee. 28 U.S.C. § 1915A(a). The Court must dismiss a complaint or a portion thereof if the prisoner has raised claims that: (a) are legally frivolous or malicious; (b) fail to state a claim upon which relief may be granted; or (c) seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b).

As it now stands, portions of Plaintiff's complaint are too vague to enable the Court to determine whether it is frivolous or fails to state a claim for relief under § 1915A. Accordingly, Plaintiff is directed to file, within thirty days of the entry of this Order, an Amended Complaint that specifies: (1) whether he is suing Defendants in their official capacities and/or their individual capacities;*fn5 (2) what type of relief he is requesting; (3) how each of the three Defendants (Jailer Robert White, Captain Andy Allison, and John Doe -- the unknown mental health counselor) personally participated in the deprivation of his constitutional rights; and (4) whether Plaintiff was a pretrial detainee or a convicted prisoner at the time of the alleged constitutional violation.

III. Habeas Forms

Plaintiff attached to his Complaint a letter asking the Clerk to send him the appropriate forms for instigating a challenge to the validity of his state court conviction. See docket entry #1 at 6-7. Such a claim must be brought in a federal habeas action, and not a § 1983 action. See 28 U.S.C. § 2254; Preiser v. Rodriguez, 411 U.S. 475 (1973). Accordingly, the Court will direct the Clerk to send Plaintiff the necessary habeas forms.*fn6

IV. Conclusion

IT IS THEREFORE ORDERED THAT:

1. The Clerk is directed to send Plaintiff an Application to Proceed In Forma Pauperis, along with a prisoner calculation sheet.

2. The Clerk is directed to send Plaintiff the forms necessary for commencing a habeas action.

3. Plaintiff shall, within thirty days of the entry of this Order, either: (1) pay the $350 filing fee in full; or (2) file a properly completed Application to Proceed In Forma Pauperis, along with a properly completed prisoner calculation sheet.

4. Plaintiff shall, within thirty days of the entry of this Order, file an Amended Complaint containing the ...


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