United States District Court, E.D. Arkansas, Western Division
ROY WILSON UNITED STATES DISTRICT JUDGE
an inmate in the Arkansas Department of Correction, filed his
Complaint pro se under 42 U.S.C. §
1983. He also submitted an application for leave
to proceed in forma pauperis. Based on the
documentation provided Plaintiff, the request to proceed
in forma pauperis (Doc. No. 1) is GRANTED. However,
for the reasons set out below, the case is DISMISSED.
IN FORMA PAUPERIS APPLICATION
who are allowed to file civil actions in forma
pauperis still must pay a $350.00 filing
If a prisoner cannot afford to pay the filing fee in a lump
sum, money is withdrawn from his prison trust fund accounts
in monthly installments.
on Plaintiff's calculation sheet, he is able to make an
initial payment of $8.23, and is directed to do so.
Additionally, Plaintiff's present custodian is directed
to collect, and send to the Clerk of the Court, monthly
installments equal to 20% of the preceding month's income
credited to Plaintiff's prison trust account each time
the amount in the account exceeds $10.00, until the $350
filing fee is fully paid. All payments should be clearly
identified by the name and number assigned to this case.
Clerk of Court is directed to send a copy of this Order to
the Arkansas Department of Correction Trust Fund Centralized
Banking Office, P.O. Box 8908, Pine Bluff, Arkansas 71611;
the Arkansas Department of Correction Compliance Division,
P.O. Box 20550, Pine Bluff, Arkansas 71612; and the North
Central Unit, Arkansas Department of Correction, 10 Prison
Circle, Calico Rock, AR 72519.
Prison Litigation Reform Act requires federal courts to
screen prisoner complaints seeking relief against a
governmental entity, officer, or employee. In these types of
cases, a court must summarily dismiss all claims that are
frivolous or malicious, fail to state a claim upon which
relief may be granted, or seek monetary relief from a
defendant who is immune from such liability.
The public trial judge acted in concert and conspiracy along
with the trial judge and even my own counsel, and all other
authorities with failing to follow procedures which landed me
inside the walls of this prison and even held me two extra
days in the county jail after the judge released me. It is
clearly established that procedures are to be followed in
acknowledging my constitutional rights. These actions and
inaction are more than just mere fraud, it's a violation
of the law.
named Defendants are Matt Rice (the Faulkner County Sheriff),
Courtny Cato (the Faulkner County Prosecutor), and John
Randle (the Faulkner County Jail Administrator). None of
Plaintiff's allegations state a claim for which relief
can be granted. In fact, his complaint fails to allege that
the jail administrator and sheriff did anything to violate
his constitution rights. Additionally, his claims either seek
monetary relief from parties immune from
liability or are Heck-barred.
on the findings of fact and conclusions of law above,
Plaintiff's Motion for Leave to Proceed In Forma
Pauperis is GRANTED. However, this case is DISMISSED,
with prejudice for failure to state a claim. The Court
certifies that an in forma pauperis appeal of this
dismissal would be frivolous and would not be taken in good