BAYLESS v. STATE OF INDIANA ( 2019 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION GREGORY DUANE BAYLESS, ) ) Plaintiff, ) ) V. ) No. 2:19-cv-00467-JPH-MJD ) STATE OF INDIANA, ) DECATUR COUNTY JAIL, ) ) Defendants. ) ORDER ON MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS Gregory Duane Bayless’s motion for leave to proceed in forma pauperis, dkt. [7], is granted. Because the Court finds that Mr. Bayless does not have the assets or means to pay even an initial partial filing fee, prepayment of the fee is excused. Because the Prison Litigation Reform Act mandates that a prisoner will not be prohibited from bringing a civil action for the reason that he lacks the assets and means to pay an initial partial filing fee, 28 U.S.C. § 1915(b)(4), Mr. Bayless has been granted a waiver of payment of an initial partial filing fee. He is still obligated, however, to pay the full filing fee pursuant to the statutory formula set forth in 28 U.S.C. § 1915(b)(2). See id. § 1915(b)(1). “All [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). The amended complaint will be screened by separate order. SO ORDERED. Date: 11/8/2019 Slam ruck lbanlove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: Gregory Duane Bayless 242464 Wabash Valley Correctional Facility - Inmate Mail/Parcels Electronic Service Participant – Court Only