Matthew R. Kutz v. Kevin Garceau, et al.

Summary

The United States District Court for the Western District of Wisconsin assesses plaintiff Matthew R. Kutz an initial partial filing-fee payment of $1.38 under 28 U.S.C. § 1915(b)(1). The court requires payment or a written explanation by January 7, 2026, and states that the action will not proceed until payment and statutory screening are completed. Failure to pay or show cause may result in dismissal without prejudice.

Holdings

1. A prisoner litigant who qualifies for indigent status must pay an initial partial filing fee pursuant to 28 U.S.C. § 1915(b)(1), and plaintiff's initial partial payment was assessed at $1.38.
2. If plaintiff fails to pay the $1.38 initial partial payment by January 7, 2026, or fails to show cause for nonpayment, the court will treat the failure as an indication that plaintiff wishes to withdraw the action and dismiss the case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
3. If the action is dismissed for failure to make the initial partial payment, it may be reopened if plaintiff submits the payment within 30 days; after that period, reopening requires a showing of entitlement to relief under Federal Rule of Civil Procedure 60(b).

Questions Presented

1. Whether the incarcerated plaintiff must make an initial partial filing-fee payment under 28 U.S.C. § 1915(b)(1).
2. What consequence should follow if plaintiff fails to make the initial partial payment or show cause for nonpayment.

Disposition

other