PEACHER v. KNIESER et al, No. 1:2020cv02997 - Document 9 (S.D. Ind. 2020)
Court Description: ENTRY GRANTING MOTION TO PROCEED IN FORMA PAUPERIS AND MOTION TO AMEND - The plaintiff's motion to proceed in forma pauperis, dkt. 3 , is granted. The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. § 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Notwithstanding the foregoing ruling, "[a]ll [28 U.S.C.] § 1915 has ever done is excus e pre-payment of the docket fees; a litigant remains liable for them, and for other costs, although poverty may make collection impossible." Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). The plaintiff's motion to amend the complaint, dkt. 8 , is granted. The clerk is directed to re-docket the amended complaint tendered at dkt. 8-1. The amended complaint filed on November 19, 2020, is the operative pleading in this action. The Court will screen the amended complaint in accordance with 28 U.S.C. § 1915A in a separate, future Entry. Signed by Judge James Patrick Hanlon on 12/3/2020. (DWH)
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PEACHER v. KNIESER et al Doc. 9 Case 1:20-cv-02997-JPH-DML Document 9 Filed 12/03/20 Page 1 of 2 PageID #: 45 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION R. PEACHER, ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, v. MARTIAL KNIESER, MICHAEL CONYERS, HAROLD COUNCELLOR, MATTHEW VANDINE, Defendants. No. 1:20-cv-02997-JPH-DML ENTRY GRANTING MOTION TO PROCEED IN FORMA PAUPERIS AND MOTION TO AMEND I. The plaintiff’s motion to proceed in forma pauperis, dkt. [3], is granted. The assessment of even an initial partial filing fee is waived because the plaintiff has no assets and no means by which to pay a partial filing fee. 28 U.S.C. § 1915(b)(4). Accordingly, no initial partial filing fee is due at this time. Notwithstanding the foregoing ruling, “[a]ll [28 U.S.C.] § 1915 has ever done is excuse pre-payment of the docket fees; a litigant remains liable for them, and for other costs, although poverty may make collection impossible.” Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). II. The plaintiff's motion to amend the complaint, dkt. [8], is granted. The clerk is directed to re-docket the amended complaint tendered at dkt. 8-1. The amended complaint filed on November 19, 2020, is the operative pleading in this action. 1 Dockets.Justia.com Case 1:20-cv-02997-JPH-DML Document 9 Filed 12/03/20 Page 2 of 2 PageID #: 46 The Court will screen the amended complaint in accordance with 28 U.S.C. § 1915A in a separate, future Entry. SO ORDERED. Date: 12/3/2020 Distribution: R. PEACHER 881627 PENDLETON - CF PENDLETON CORRECTIONAL FACILITY Electronic Service Participant – Court Only 2
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