PEACHER v. CONYERS ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION R. PEACHER, ) ) Plaintiff, ) ) v. ) No. 1:20-cv-02997-JPH-DML ) MARTIAL KNIESER, ) MICHAEL CONYERS, ) HAROLD COUNCELLOR, ) MATTHEW VANDINE, ) ) Defendants. ) 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. The Court will screen the amended complaint in accordance with 28 U.S.C.$ 1915A ina separate, future Entry. SO ORDERED. Date: 12/3/2020 Sjamu Patrick hawlove James Patrick Hanlon United States District Judge Southern District of Indiana Distribution: R. PEACHER 881627 PENDLETON - CF PENDLETON CORRECTIONAL FACILITY Electronic Service Participant — Court Only