Alfonzo Wells, Jr. v. Lucas Winker, Sgt. Heiser, Devin Anderson, J. Underly, Michael Polasky, Journal Times, Lee Enterprise Newspaper, Sgt. Neighbors, Mike Boyd, Raymond Robert Rutz, III, Kurt Heiser, James Willis, and Andrew Willis; Alfonzo Wells, Jr. v. Racine County Jail, William Dale, Securus, Aramark, Anderson, Sergeant Hesthaven, Letica, Racine County Jail Medical, C.O. Noonan, Racine County/County of Racine, Aventive, Evan Glaser, and Chad Cornell

Summary

The United States District Court for the Western District of Wisconsin addresses two civil-rights actions filed by Alfonzo Wells, Jr., concerning his failure to make initial partial filing-fee payments required under the Prison Litigation Reform Act. The court denies or defers several motions, grants Wells until June 1 to submit the required payments or document jail staff's alleged interference, and warns that failure to comply may result in dismissal. The court also denies as premature or unnecessary motions concerning judicial substitution, appointment of counsel, and exhaustion of administrative remedies.

Holdings

1. A prisoner who is subject to 28 U.S.C. § 1915(b)(1) must submit the required initial partial filing fee, and Wells did not establish grounds for waiving that requirement.
2. The court granted Wells one final opportunity, until June 1, 2026, to submit the initial partial payments in both cases or provide the specified evidence and sworn declarations explaining why payment could not be made.
3. Wells was not entitled to substitution or appointment of the chief district judge because the case was properly assigned to the district judge, while the magistrate judge handled routine in forma pauperis filing-fee matters.
4. Wells's motion for recruitment of counsel was premature before payment and screening, and his exhaustion-related motion was unnecessary because exhaustion is an affirmative defense that defendants must raise and prove.

Questions Presented

1. Whether Wells was entitled to waive or defer the initial partial filing fees under 28 U.S.C. § 1915(b)(1).
2. Whether Wells should receive additional time to submit the initial partial filing fees and what documentation he must provide if jail staff prevent payment.
3. Whether Wells was entitled to substitution or appointment of the chief district judge.
4. Whether Wells's requests for recruitment of counsel and for relief concerning exhaustion of administrative remedies were premature.

Disposition

other