Opinion
No. 3:18-cv-220-DPM
11-26-2018
TRAVIS CENTELL BROWN ADC # 119254 PLAINTIFF v. CATHERINE DEAN, Deputy Prosecuting Attorney, Mississippi County, Osceola Courthouse DEFENDANT
ORDER
1. Motion to proceed in forma pauperis, No 1, granted. Brown must pay the filing fee, but over time. 28 U.S.C. § 1915(b)(1). The Court assesses an initial partial fee of $2.58. After the initial fee is collected, Brown's custodian must collect monthly payments from Brown'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 Brown's behalf must be clearly identified by case name and case number.
2. The Court directs the Clerk to send a copy of this Order to the Administrator of the Mississippi County Detention Center, 685 N. County Road 599, Luxora, Arkansas 72358.
3. The Court must screen Brown's complaint. No 2; 28 U.S.C. § 1915A. Brown alleges Dean wrongfully changed the value of the property he allegedly stole and that he was wrongfully convicted of a felony in State v. Brown, 17-75, District Court of Mississippi County, Arkansas. He seeks damages. No 2 at 4-5.
4. The publicly available docket confirms that Brown pleaded guilty and was convicted in his 2017 Mississippi County case. His federal claims are therefore Heck-barred. Heck v. Humphrey, 512 U.S. 477, 486-87 (1994). A judgment in Brown's favor would necessarily call into question this state-court conviction; and Brown hasn't alleged that his conviction has been reversed, expunged, or invalidated. Ibid.
5. Brown's complaint will be dismissed without prejudice for failure to state a claim. This dismissal counts as a "strike" for purposes of 28 U.S.C. § 1915(g). An in forma pauperis appeal from this Order and accompanying Judgment will not be taken in good faith. 28 U.S.C. § 1915(a)(3).
So Ordered.
/s/_________
D.P. Marshall Jr.
United States District Judge
26 November 2018