El Bey v. Johnson
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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