Bishop v. Indiana Technical Vocational College

ORDER

MOODY, District Judge.

This matter is before the court on a Petition and Affidavit to Proceed Without Pre-Payment of Costs and Pees (“Petition”), filed on August 6, 1990, by plaintiff. By this motion, plaintiff seeks to file, without prepayment of fees, a claim for damages under 42 U.S.C. § 1983.

Pursuant to 28 U.S.C. § 1915(d), the court must make two factual determinations before allowing a cause of action to proceed in forma pauperis. First, the court must find that the prospective litigant is indigent. Second, the court must find the action is neither frivolous nor malicious. Smith-Bey…