Gebar Byrd v. Shanon Eaton

Summary

The United States District Court for the Eastern District of Missouri grants Gebar Byrd leave to proceed in forma pauperis and assesses an initial partial filing fee of $27.10. The court dismisses his 42 U.S.C. § 1983 complaint without prejudice as frivolous and time-barred, holding that his requests to vacate his conviction and obtain release must be pursued through habeas corpus. The court also denies his motion for appointment of counsel as moot and certifies that an appeal would not be taken in good faith.

Holdings

1. The § 1983 claims were time-barred because § 1983 claims are subject to Missouri's five-year statute of limitations for personal-injury claims, and Plaintiff filed the action more than five years after the alleged arrest.
2. Plaintiff could not use § 1983 to obtain release from confinement or vacatur of his state-court judgment; those challenges must be brought through habeas corpus.
3. The complaint was subject to dismissal under 28 U.S.C. § 1915(e)(2)(B) because it was legally frivolous and failed to state a claim upon which relief could be granted.

Questions Presented

1. Whether Plaintiff's § 1983 claims based on his 2010 arrest were barred by Missouri's five-year statute of limitations.
2. Whether Plaintiff could obtain vacatur of his state conviction and release from confinement through a § 1983 action.
3. Whether the complaint should be screened and dismissed under 28 U.S.C. § 1915(e)(2)(B) for frivolity and failure to state a claim.
4. Whether Plaintiff was entitled to appointment of counsel after dismissal of the action.

Disposition

dismissed