United States District Court, N.D. Mississippi, Greenville Division
SHAWN M. SINGLETON PLAINTIFF
COMMISSIONER MARSHALL L. FISHER, DEFENDANTS
M. BROWN UNITED STATES DISTRICT JUDGE.
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.
Complaint and Subsequent Filings
15, 2015,  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
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.” 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
Id. at 2.
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.
Spears Hearing and Report and
November 9, 2015, Singleton appeared before United States
Magistrate Judge S. Allan Alexander for a Spears
hearing. On December 15, 2015, Judge Alexander
issued a Report and Recommendation addressing ...