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

QUESTION(S) PRESENTED Whether court of appeals or district court abused it's déscretion: ; : ry In (8)th amendment violation claim: by failing to-acKnowledge evidence. that district court erred in granting 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 . { . & . . . . a. : .