PEACHER v. CHAMBERS et al
| R. PEACHER |
| YOLANDA CHAMBERS, AARON SMITH and DENNIS REAGLE |
| 1:2022cv00778 |
| April 20, 2022 |
| US District Court for the Southern District of Indiana |
| James Patrick Hanlon |
| Debra McVicker Lynch |
| Prisoner Petitions - Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 8, 2022. A more recent docket listing may be available from PACER.
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| Filing 11 RECEIPT #370 for partial filing fee in the amount of $2.93, paid by ROBERT PEACHER. (DJH) |
Filing 10
ORDER on In Forma Pauperis Status - The plaintiff's motion to proceed in forma pauperis, dkt. #9 , is granted. Although the plaintiff is excused from pre-paying the full filing fee, he still must pay the three hundred and fifty dollar ($350.00) filing fee pursuant to the statutory formula set forth in 28 U.S.C. 1915(b)(2) when able. See 28 U.S.C. 1915(b)(1) ("the prisoner shall be required to pay the full amount of a filing fee."). 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. Signed by Judge James Patrick Hanlon on 5/31/2022. (DWH)
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| Filing 9 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff R. PEACHER. (Attachments: #1 Exhibit - Resident Statement)(DWH) |
| Filing 8 AMENDED COMPLAINT, filed by R. PEACHER. (Attachments: #1 Exhibits)(DWH) |
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Filing 7
ORDER DENYING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS - Plaintiff Robert Peacher filed a complaint and a motion for leave to proceed in forma pauperis in this action on April 20, 2022. The motion for leave to proceed in forma pauperis includes an attachment appearing to show Mr. Peacher's prison trust account transactions from November 3, 2021, through December 3, 2021. Dkt. 3-1. Federal statute requires that "[a] prisoner seeking to bring a civil action... without prepayment of fees or security therefor... shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint." 28 U.S.C. 1915(a)(2). Mr. Peacher's filing does not satisfy this provision. His motion for leave to proceed in forma pauperis, dkt. #3 , is therefore DENIED without prejudice. Mr. Peacher shall have 28 days following the entry of this Order to file a motion for leave to proceed in forma pauperis and attach a copy of his prisoner trust account report for the dates from October 20, 2021, through April 20, 2022. If he fails to meet this deadline, this case will be dismissed without prejudice for failure to pay the filing fee and for failure to comply with a Court order. Signed by Judge James Patrick Hanlon on 5/3/2022. (DWH)
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| Filing 6 NOTICE to Pro se Litigant - The following information is provided to pro se litigants to inform them about rules and procedures governing how they communicate with the Court. (JRT) |
| Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JSR) |
| Filing 4 MOTION for Preliminary Injunction, filed by Plaintiff R. PEACHER. (JSR) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Plaintiff R. PEACHER. (Attachments: #1 Exhibit Trust Account Statement)(JSR) |
| Filing 2 COMPLAINT against YOLANDA CHAMBERS, DENNIS REAGLE, AARON SMITH, filed by R. PEACHER. (No fee paid with this filing) (Attachments: #1 Cover Letter, #2 Exhibit)(JSR) |
| Filing 1 CONSENT to Prisoner E-Service by R. PEACHER located at PENDLETON CF. Pursuant to General Order 2013-1, documents submitted by R. PEACHER to the court for filing will generate a Notice of Electronic Filing that will constitute official service upon registered users of CM/ECF. If any parties to the case are not registered CM/ECF users, the Clerk of the Court will mail the document via U.S. Postal Service on behalf of the inmate. NOTE: The E-Filing Program does not affect the obligation of other parties to serve copies of documents in accordance with the Federal Rules of Civil Procedure. (JSR) |
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