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Friday, March 14, 2014

Ind. Decisions - One yesterday from 7th Circuit, dismissal vacated

In Leonard Thomas v. Keith Butts (SD Ind., Magnus-Stinson), a 7-page, per curiam decision, the Court writes:

Leonard Thomas, an Indiana prisoner, sued prison officials and medical personnel at the Pendleton Correctional Facility under 42 U.S.C. § 1983 for deliberate indifference to his epilepsy in violation of the Eighth Amendment. The district court dismissed without prejudice after Thomas did not pay the initial partial filing fee that the court assessed under 28 U.S.C. § 1915(b)(1). We vacate the dismissal because the judge dismissed the suit without determining if Thomas was at fault for not paying.

Posted by Marcia Oddi on March 14, 2014 09:06 AM
Posted to Ind. (7th Cir.) Decisions