Lavall T. Lee v. Lisa Payne, et al.

Summary

The United States District Court for the Western District of Wisconsin grants Lavall T. Lee leave to proceed without prepaying the filing fee in his 42 U.S.C. § 1983 action. The court assesses an initial partial filing-fee payment of $310.62, due by December 23, 2025, and states that the case will not proceed until payment is received and the complaint is screened. Failure to pay or show cause may result in dismissal without prejudice.

Holdings

1. Lee qualified for indigent status and could proceed without prepaying the full filing fee, subject to the statutory obligation to pay an initial partial filing fee.
2. Lee was assessed an initial partial filing-fee payment of $310.62, payable by December 23, 2025.
3. If Lee failed to make the initial partial payment by December 23, 2025, or failed to show cause for nonpayment, the action would be treated as voluntarily withdrawn and dismissed without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i), subject to the order's reopening conditions.

Questions Presented

1. Whether the prisoner plaintiff qualified to proceed without prepaying the filing fee.
2. What initial partial filing-fee payment was required under the Prison Litigation Reform Act.
3. What consequence would follow if the plaintiff failed to pay the initial partial fee or explain his inability to pay.

Disposition

other