Tyron Shelton v. Unknown Sims, et al.

Summary

The United States District Court for the Eastern District of Missouri grants Tyron Shelton’s application to proceed in forma pauperis and assesses an initial partial filing fee of $1.00. The court orders Shelton to show cause why his 42 U.S.C. § 1983 action should not be dismissed without prejudice for failure to exhaust administrative remedies under the Prison Litigation Reform Act. The court also denies his motion for appointment of counsel without prejudice.

Holdings

1. The court granted Shelton's application to proceed without prepaying fees or costs and assessed an initial partial filing fee of $1.00.
2. The court determined that the complaint appeared to show a failure to fully exhaust available administrative remedies and ordered Shelton to show cause why the action should not be dismissed without prejudice.
3. The court denied Shelton's motion for appointment of counsel without prejudice.

Questions Presented

1. Whether Shelton should be permitted to proceed in forma pauperis and be assessed an initial partial filing fee under 28 U.S.C. § 1915(b).
2. Whether the action appeared subject to dismissal for failure to fully exhaust available administrative remedies under the Prison Litigation Reform Act.
3. Whether appointment of counsel was warranted for the self-represented prisoner at that stage of the case.

Disposition

other