Whether court of appeals or district court abused it's descretion:
In (8)th amendment violation claim: by failing to.ackiiowledge evidence,
that district court erred in grting the defendants motion for
summary judgment: Where statute excused payment of initial partial
filing fees: Since inmate lacked both assets and means by which to
pay

Whether court of appeals or district court abused its discretion in (8th) amendment violation claim by failing to acknowledge evidence