ELLISON v. VANIHILL et al

1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
SEAN ELLISON, )
)
Plaintiff, )
)
v. ) No. 2:25-cv-00367-JRS-MKK
)
FRANK VANIHILL, )
KEVIN GILMORE, )
RANDALL PURCELL, )
RANDY VAN VLEET, )
JODEANA RANEY, )
JACK HENDRIX, )
)
Defendants. )
Order on In Forma Pauperis Status
On August 28, 2025, the Court granted Plaintiff Sean Ellison's motion to proceed in forma
pauperis and assessed an initial partial filing fee of $12.57. Dkt. 10. After Mr. Ellison failed to pay
the fee, the Court extended his deadline to do so. Dkt. 11. Pending before the Court now is Mr.
Ellison's second motion for leave to proceed in forma pauperis, accompanied by an updated trust
account statement. Dkt. 12. The Court grants Mr. Ellison's motion, dkt. [12]. Although the records
initially presented to the Court suggested that Mr. Ellison had the ability to pay an initial partial
filing fee, the Court credits his current representations in his motion that, in reality, he cannot. The
Court therefore finds that Plaintiff does not have the assets or means to pay the initial partial filing
fee originally assessed. 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), Plaintiff will be granted a waiver of
payment of the initial partial filing fee in this case.
Case 2:25-cv-00367-JRS-MKK Document 13 Filed 12/19/25 Page 1 of 2 PageID #:
<pageID>

2
Although Plaintiff is excused from pre-paying the full filing fee, he still must pay the three
hundred and fifty ($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.").
IT IS SO ORDERED.
Distribution:
SEAN ELLISON
943546
MIAMI - CF
MIAMI CORRECTIONAL FACILITY
Inmate Mail/Parcels
3038 West 850 South
Bunker Hill, IN 46914-9810
Electronic notice to IDOC
Date: 12/19/2025
Case 2:25-cv-00367-JRS-MKK Document 13 Filed 12/19/25 Page 2 of 2 PageID #:
<pageID>