Marcus O. Singleton v. Ismael R. Ozanne

Summary

The United States District Court for the Western District of Wisconsin assesses Marcus O. Singleton an initial partial filing-fee payment of $7.53 under the Prison Litigation Reform Act. The court directs Singleton to pay by December 17, 2025 or explain his inability to do so, and states that failure to comply may result in voluntary dismissal without prejudice. Further proceedings are stayed pending payment and statutory screening of the complaint.

Holdings

1. A prisoner proceeding without prepaying the filing fee must pay an initial partial payment pursuant to 28 U.S.C. § 1915(b)(1), even if the prisoner qualifies for indigent status.
2. The plaintiff is assessed an initial partial filing-fee payment of $7.53.
3. If the plaintiff fails to pay the initial partial payment by December 17, 2025, or fails to show cause why payment cannot be made, the action will be treated as voluntarily withdrawn and dismissed without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i), subject to the court's stated reopening conditions.

Questions Presented

1. Whether the prisoner plaintiff should be permitted to proceed without prepaying the full filing fee subject to an initial partial payment under 28 U.S.C. § 1915(b)(1).
2. What initial partial filing-fee payment should be assessed based on the plaintiff's inmate trust fund account statement.
3. What consequence should follow if the plaintiff fails to pay the initial partial payment or show cause for nonpayment.

Disposition

other