Aswan Thompson, et al. v. J. Hoy, et al.

Summary

The United States District Court for the Western District of Wisconsin assesses plaintiff Aswan Thompson an initial partial filing-fee payment of $9.82 under the Prison Litigation Reform Act. The order requires payment or an explanation by June 22, 2026 and provides that failure to comply may result in voluntary dismissal without prejudice.

Holdings

1. A prisoner litigant proceeding without prepaying the full filing fee must pay an initial partial filing-fee payment under 28 U.S.C. § 1915(b)(1), and plaintiff's initial partial payment was assessed at $9.82.
2. If plaintiff fails to make the initial partial payment by the deadline or show cause for nonpayment, the court will treat the failure as an indication that plaintiff wishes to withdraw the action and will dismiss the case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i), subject to the stated reopening conditions.

Questions Presented

1. Whether plaintiff qualified to proceed without prepaying the full filing fee and, if so, what initial partial payment was required under 28 U.S.C. § 1915(b)(1).
2. What consequence would follow if plaintiff failed to pay the initial partial payment or show cause for nonpayment.

Disposition

other