IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION

JOHNATHAN PINNEY : #173141 PLAINTIFF

v. No. 4:19-cv-138-DPM

CHRIS WARING, Lieutenant, Fairfield Bay Police Department; CHAD BROWN, State’s Attorney; FOSTER, Van Buren County Judiciary; MARK RODDENBERRY, Sergeant, Fairfield Bay Police Department; DALLAS CLARK, Code Enforcement Officer, Fairfield Bay; LUCAS EMBERTON, Sheriff, Van Buren County; and CATHY HERSMAN, Fairfield Bay Community Club DEFENDANTS

ORDER 1. Pinney’s motion for a writ of habeas corpus, Ne 44, is denied. Pinney can’t get habeas relief in this § 1983 lawsuit; he must file a separate habeas corpus action if he wants to challenge his incarceration. Preiser v. Rodriguez,

(1973). 2. This case is stayed pending the final disposition of Pinney’s state criminal case. Pinney’s embedded motion to consolidate his cases, Ne 44 at 2, is therefore denied without prejudice. This case must remain on hold.

So Ordered.

A MY D.P. Marshall Jr. United States District Judge 5 Avast 2614

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