Decker v. Hawley

Summary

The United States District Court for the Eastern District of Missouri grants Jerry Wayne Decker leave to proceed in forma pauperis and assesses an initial partial filing fee of $1.00. On initial review under 28 U.S.C. § 1915(e)(2)(B), the court dismisses Decker’s § 1983 damages action against Josh Hawley as time-barred. The court denies Decker’s motion for appointment of counsel as moot.

Holdings

1. The complaint was properly dismissed under 28 U.S.C. § 1915(e)(2)(B) because the alleged § 1983 claims accrued no later than March 14, 2017, and Missouri's five-year personal-injury statute of limitations expired on March 14, 2022, well before Plaintiff filed suit on October 21, 2025.
2. The application to proceed without prepayment of fees and costs was granted, and an initial partial filing fee of $1.00 was assessed.
3. The motion for appointment of counsel was denied as moot because the action was dismissed.

Questions Presented

1. Whether the court should grant Plaintiff's application to proceed without prepayment of fees and costs and assess an initial partial filing fee.
2. Whether the complaint stated a timely and plausible 42 U.S.C. § 1983 claim or was subject to dismissal on initial review as barred by the applicable statute of limitations.
3. Whether Plaintiff's motion for appointment of counsel should be granted.

Disposition

dismissed