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

BILLY MACK NICHOLS, JR. PLAINTIFF ADC #092713

V. NO. 4:25-cv-00030-KGB-ERE

DEXTER PAYNE, et al. DEFENDANTS

ORDER

Pro se plaintiff Billy Mack Nichols, Jr. asks to stay all proceedings in this lawsuit. Doc. 5. In his motion, Mr. Nichols explains that, on January 17, 2025, January 18, 2025, and January 21, 2025, Arkansas Division of Correction officers Watson and Litzey (non-parties) destroyed his “incoming legal mail.” However, Mr. Nichols does not describe what legal mail these officers allegedly destroyed. A prisoner’s privileged legal mail is narrowly defined as “mail to or from an inmate’s attorney and identified as such.” Gardner v. Howard,

, 430 (8th Cir. 1997). Assuming, for purposes of this motion, that the mail Mr. Nichols references was protected legal mail, the proper remedy is not a stay of these proceedings. Instead, the Court will provide Mr. Nichols additional time to respond to the Court’s January 16, 2025 Order. IT IS THEREFORE ORDERED THAT: 1. Mr. Nichols’ motion to stay (Doc. 5) is DENIED. 2. The Clerk is instructed to provide Mr. Nichols a copy of Doc. 4, along with a copy of this Order. 3. Mr. Nichols may now have until March 7, 2025, to pay the statutory filing fee. SO ORDERED 4 February 2025.

UNITED STATES MAGISTRATE JUDGE