United States District Court, E.D. Arkansas, Western Division
ORDER
BILLY
ROY WILSON, UNITED STATES DISTRICT JUDGE
Plaintiff
Richard Douglas Hyatt (“Plaintiff”), in custody
at the Saline County Detention Center, filed this case
pro se under 42 U.S.C. § 1983, and submitted a
Motion to Proceed In Forma Pauperis (Doc. Nos. 1,
2). Because Plaintiff provided the documentation required by
28 U.S.C. § 1915(a), his request to proceed in forma
pauperis (Doc. No. 1) is GRANTED.[1]
I.
In Forma Pauperis Application
If a
prisoner is permitted to file a civil action in forma
pauperis, he still must pay the $350.00 filing
fee.[2]
The only question is whether he will pay the entire filing
fee at the beginning of the lawsuit or pay in installments
over a period of time.[3] To proceed in forma
pauperis, an inmate must file an application and
attach a calculation sheet that shows his trust account
balances.[4] Based on the information provided, the
Court will determine how the filing fee is to be paid. If an
inmate is allowed to pay over time, he has to pay all of the
filing fee, even if the case is dismissed before trial, and
no part of the fee will be refunded.
Plaintiff's
calculation sheet shows that he has an average monthly
deposit of $0.00.[5] I will not assess an initial partial
filing fee because Plaintiff cannot afford to pay one. His
present custodian, the Administrator of the Saline County
Detention Center, or his or her designee, or any future
custodian, will collect the will collect the $350.00 filing
fee in monthly payments of 20% of the preceding month's
income credited to Plaintiff's inmate trust account,
whenever the account has more than $10.00. The payments
should be clearly identified by the name and number assigned
to this action.
II.
Screening
I must
screen prisoner complaints that seek relief against a
government entity, officer, or employee.[6] I will dismiss
any part of a complaint raising claims that: (a) are legally
frivolous or malicious; (b) fail to state a claim upon which
relief may be granted; or (c) seek money from a defendant who
is immune from paying damages.[7]
Plaintiff
alleges Defendants violated his constitutional rights in a
pending state-court criminal action.[8] Specifically, he alleges
that the last time he saw a judge was at a bond hearing eight
months ago; dates and times in his case were changed without
his presence in front of a judge and without his knowledge;
he did not receive notice when his attorney left the public
defender's office; ineffective assistance of counsel; and
excessive bail.[9] Plaintiff's claims against Defendants
should be stayed. In Younger v. Harris,
[10]
the Supreme Court held that federal courts should abstain
from interfering in ongoing state proceedings. The Court
explained the rationale for such abstention as follows:
[The concept of federalism] represent[s] . . . a system in
which there is sensitivity to the legitimate interests of
both State and National Governments, and in which the
National Government, anxious though it may be to vindicate
and protect federal rights and federal interests, always
endeavors to do so in ways that will not unduly interfere
with the legitimate activities of the States.[11]
The
Younger abstention doctrine is appropriate where:
(1) there is an ongoing state proceeding; (2) an important
state interest is implicated; and (3) the plaintiff has an
avenue for reviewing his constitutional claims in state
court.[12] Here, Arkansas has an important interest
in adjudicating the charges against Plaintiff, and he may
raise the constitutional issues before the state court.
Plaintiff has not pled any extraordinary circumstances that
would warrant intervention in the state
proceedings.[13] When, as here, a plaintiff seeks
damages, his case should be stayed under Younger,
rather than dismissed.[14] Accordingly, Plaintiff's case is
administratively terminated until the criminal charges
against him have been fully resolved.
CONCLUSION
1.
Plaintiff's Motion For Leave to Proceed In Forma Pauperis
(Doc. No. 1) is GRANTED.
2.
Plaintiff's present custodian, the Administrator of the
Saline County Detention Center, or his or her designee, or
any future custodian, will collect the will collect the
$350.00 filing fee in monthly payments of 20% of the
preceding month's income credited to Plaintiff's
inmate trust account, whenever the account has more than
$10.00. The payments should be clearly identified by the name
and number assigned to this action.
3. The
Clerk of the Court is directed to send a copy of this Order
to the Administrator of the Saline County Detention Center,
...