SCALES v. VILLAGE OF MILLS CROSSING et al

Filing 5

Entry Directing Further Proceedings - The plaintiff's request to proceed in forma pauperis [dkt. 4 ] is granted. Notwithstanding the foregoing ruling, the plaintiff still owes the filing fee. The plaintiff's request for attorney assistance states that the plaintiff would like help with the legal process or mediation. This request [dkt. 2 ] is denied without prejudice as premature. The plaintiff may renew his request after the defendants have answered or otherwise responded to the com plaint. The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve process on the defendants in the manner specified by Fed. R. Civ. P. 4(d)(1). Process shall consist of the complaint, applicable forms and this Entry. (See entry.) Copy to Plaintiff and Defendant via U.S. Mail. Signed by Judge Tanya Walton Pratt on 11/10/2016. (JLS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

JAMES W. SCALES,
Plaintiff,
vs.
VILLAGE OF MILLS CROSSING,
COMMUNITY BUILDERS,
Defendants.

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No. 1:16-cv-03047-TWP-MJD

Entry Directing Further Proceedings
This matter is before the Court on Plaintiff’s Motion to Appoint Counsel and Motion to
Proceed in Forma Pauperis. In this action, pro se Plaintiff James W. Scales alleges that his former
employer, Village of Mills Crossing Community Builders, Inc., violated his rights under the
Americans with Disabilities Act by failing to accommodate his disability. Having considered the
matters which are pending, the Court makes the following rulings:
1.

The plaintiff’s request to proceed in forma pauperis [dkt. 4] is granted.

Notwithstanding the foregoing ruling, the plaintiff still owes the filing fee. “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).
2.

The plaintiff’s request for attorney assistance states that the plaintiff would like

help with the legal process or mediation. This request [dkt. 2] is denied without prejudice as
premature. The plaintiff may renew his request after the defendants have answered or otherwise
responded to the complaint.

3.

The clerk is designated, pursuant to Fed. R. Civ. P. 4(c)(3), to issue and serve

process on the defendants in the manner specified by Fed. R. Civ. P. 4(d)(1). Process shall consist
of the complaint, applicable forms and this Entry.
IT IS SO ORDERED.

Date: 11/10/2016

Distribution:
JAMES W. SCALES
4119 Deborah St.
Indianapolis, IN 46222
Village at Mills Crossing
3615 Sherman Forest Drive
Indianapolis, IN 46205
Community Builders, Inc.
95 Berkeley St. #500
Boston, MA 02116