Michael Jermaine Jones v. Alana Acker, et al.

Summary

The United States District Court for the Western District of Wisconsin assesses plaintiff Michael Jermaine Jones an initial partial filing-fee payment of $7.73 under 28 U.S.C. § 1915(b)(1). The order requires payment by January 29, 2026, and provides that failure to pay or show cause may result in voluntary dismissal without prejudice.

Holdings

1. A prisoner proceeding without prepaying the filing fee must pay an initial partial filing-fee payment calculated from the information in the inmate trust fund account statement; Jones was assessed $7.73.
2. If Jones failed to make the initial partial payment by the deadline or show cause for nonpayment, the court would treat that failure as an indication that he wished to withdraw the action and dismiss the case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
3. No further action would be taken until the clerk received the initial partial payment and the court completed screening of the complaint under the Prison Litigation Reform Act.

Questions Presented

1. Whether plaintiff qualified to proceed without prepaying the full filing fee and, if so, what initial partial payment was required under the Prison Litigation Reform Act.
2. What procedural consequences would follow if plaintiff failed to make the initial partial payment or show cause for his inability to do so.

Disposition

other