Travone Williams v. Tony D. Peterson and Sgt. Thomas

Summary

The United States District Court for the Middle District of Alabama ordered pro se prisoner Travone Williams to show cause why his 42 U.S.C. § 1983 action should not be dismissed without prejudice for failure to pay a $10.00 initial partial filing fee. The court cited Eleventh Circuit precedent requiring reasonable steps to determine whether a prisoner attempted to comply with such an order before dismissal. Williams was given until February 11, 2026, to respond, request an extension, or arrange payment from future account funds.

Holdings

1. Before dismissing a prisoner's action for failure to pay a court-ordered initial partial filing fee, the district court must take reasonable steps to determine whether the prisoner attempted to comply with the order.
2. Because the plaintiff failed to pay the assessed $10.00 initial partial filing fee, the court properly ordered him to show cause by a specified date why the action should not be dismissed without prejudice and instructed him how to address inability to pay.

Questions Presented

1. Whether the district court could require the plaintiff to show cause before dismissing the action for failure to pay a court-ordered initial partial filing fee.
2. Whether a reasonable opportunity to respond to a show-cause order satisfies the Eleventh Circuit's requirement that the district court take reasonable steps to determine whether a prisoner attempted to comply with the payment order.

Disposition

other