El Bey v. Johnson

United States District Court for the Eastern District of Arkansas

El Bey v. Johnson

Trial Court Opinion

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

SAKIMA IBAN SALIH EL BEY PLAINTIFF

No. 3:19-cv-53-DPM

JOHNSON, Officer, West Memphis Police Department; MCELROY, Officer, West Memphis Police Department; WEST MEMPHIS POLICE DEPARTMENT; ARKANSAS, STATE OF; ASA HUTCHINSON; and DOES, Congress of Arkansas House of Representatives and Congress of Arkansas Senate DEFENDANTS

ORDER At the Court’s request, El Bey has supplemented his motion to amend. The Court must screen El Bey’s complaint, as amended and supplemented. Ne 1,5, 7 & 8;

28 U.S.C. § 1915

(e)(2). El Bey claims his constitutional rights were violated when two West Memphis police officers arrested him. Because he’s a “Preamble Citizen,” he says his arrest violated federal law. Ne 5 at 1. E] Bey’s claims are barred. Heck v. Humphrey,

512 U.S. 477, 486-87

(1994). A judgment in El Bey’s favor would necessarily call into question his state-court conviction for reckless driving without a license. And he hasn’t alleged that his conviction has been reversed,

expunged, invalidated, or otherwise called into question.

Ibid.

He has, apparently, pursued an appeal in a related civil case. Ne 7 at 4. But his conviction still stands. El Bey’s motion to amend, Ne 5, is denied. The Court’s Judgment dismissing El Bey’s case without prejudice, Ne 4, remains in place. So Ordered. AP nto Fr D.P. Marshall fr. United States District Judge (3 pou 29

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Reference

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