Shelton v. The Administration of Parole

Background

Joseph K. Shelton, representing himself, filed an action described as a petition for a writ of habeas corpus under 28 U.S.C. § 2241. A habeas petition is a request for court relief concerning a person’s custody. The petition was filed against The Administration of Parole and FCI Otisville.

The court stated that proceeding with a habeas petition required either payment of the $5 filing fee or submission of a signed application to proceed in forma pauperis, meaning without paying court fees in advance. Shelton submitted neither the fee nor the application.

Order

The court ordered Shelton, within 30 days of the order’s date, to either pay the $5 filing fee or complete and submit the attached application. The application was to identify docket number 20-CV-1067 (CM). If the court grants the application, Shelton may proceed without prepaying the fee.

The court also directed the Clerk to mail Shelton a copy of the order and record service on the docket. No answer from the respondents was required at that time. If Shelton complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed without prejudice to refiling.

Additional note and disposition

A footnote stated that if Shelton is seeking damages for claims that appear to concern receiving legal mail, the proper vehicle would be a civil-rights action under 42 U.S.C. § 1983. The footnote further stated that such an action would require either payment of $400 in filing fees, including a $50 administrative fee, or submission of a signed prisoner authorization allowing installment payments toward the $350 filing fee.

Judge Colleen McMahon certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not decide the merits of Shelton’s underlying claims.