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Singleton v. Fisher

United States District Court, N.D. Mississippi, Greenville Division

May 12, 2017

SHAWN M. SINGLETON PLAINTIFF
v.
COMMISSIONER MARSHALL L. FISHER, DEFENDANTS

          ORDER

          DEBRA M. BROWN UNITED STATES DISTRICT JUDGE.

         This pro se prisoner civil rights action is before the Court for consideration of the Report and Recommendation of United States Magistrate Judge S. Allan Alexander. Doc. #20. For the reasons below, the Report and Recommendation will be adopted in part and rejected in part.

         I

         Procedural History

         A. Complaint and Subsequent Filings

         On June 15, 2015, [1] Shawn M. Singleton filed a complaint in the United States District Court for the Northern District of Mississippi against numerous defendants, claiming sexual assault during pat-down searches, unconstitutionally harsh general conditions of confinement, mail tampering, deficient handling of grievances, deprivation of property without due process of law, failure to protect, denial of medical care, and constitutionally inadequate living space within his cell. Doc. #20 at 1. The complaint was written on a Northern District of Mississippi form titled “Prisoner's Complaint Challenging Conditions of Confinement, ” which includes the following prompt:

The court must find that you exhausted the prison's grievance system and administrative remedies before it can consider this Complaint. State everything you did to present your grievance(s). Be specific. Include the date(s) on which you filed or presented your grievances to prison officers; identify the officer(s). State your claim(s) exactly.

Doc. #1 at 5. In response to this inquiry, Singleton stated, “copies of all ARP's will be attached to this form if they were exhausted or if they are still in action or not.” Id.

         On August 31, 2015, Singleton filed an exhibit to his complaint which includes a “First Step Response Form” related to a sick visit with “Nurse Practitioner Brown.”[2] Doc. #11. Approximately a month later, Singleton filed a statement “in respect to the Prison Litigation Reform Act ... That requires an inmate to exhaust all available administrative remedies ....” Doc. #16 (emphasis omitted). In this filing, Singleton claims:

I filed all my A.R.P.'s seeking administrative remedy but fact being that only two A.RP.'s have been exhausted in all most a year and I have received no further responses from any of my A.R.P.'s. that were filed before this suit was filed. I have fulfilled my responsibility in seeking all available administrative remedy through M.D.O.C. Fact being I have been denied Administrative Remedy due the M.D.O.C. and M.S.P.'s failure to comply to policy set forth by the state.

Id. at 2.

         On November 2, 2015, Singleton filed a document stating, “I would like to amend to file and a statement on the procedural default subject on the procedural default subject on M.D.O.C. administrative officials ....” Doc. #18. Such filing includes a second step response form dated September 29, 2015, and a memorandum of law stating that he “followed all procedural recommendation” but that MDOC officials failed to respond to his grievances. See Id. at 5.

         B. Spears Hearing and Report and Recommendation

         On November 9, 2015, Singleton appeared before United States Magistrate Judge S. Allan Alexander for a Spears hearing.[3] On December 15, 2015, Judge Alexander issued a Report and Recommendation addressing ...


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