Summary
This order addresses Brandon L. Newson's motion to proceed without prepaying the filing fee in a prisoner civil action. The court assesses an initial partial filing-fee payment of $1.43 under 28 U.S.C. § 1915(b)(1), sets a May 21, 2026 deadline, and warns that failure to pay or show cause may result in dismissal without prejudice.
Topics
Practice areas
Questions Presented
- Whether the prisoner plaintiff must pay an initial partial filing fee despite proceeding without prepaying the full filing fee.
- What initial partial payment should be assessed based on the plaintiff's inmate trust fund account statement.
- What procedural consequence follows if the plaintiff fails to pay the initial partial fee or show cause for nonpayment.
Holdings
- Even when a prisoner litigant qualifies for indigent status, the litigant must pay an initial partial filing fee under 28 U.S.C. § 1915(b)(1).
- Newson is assessed an initial partial filing-fee payment of $1.43.
- If Newson fails to make the initial partial payment by May 21, 2026, or fails to show cause why he cannot pay, the court will treat the failure as an indication that he wishes to withdraw the action and will dismiss the case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
Factual background
Brandon L. Newson is a prisoner litigant who submitted a certified inmate trust fund account statement. Based on that statement, the court calculated his initial partial filing-fee payment as $1.43. The order also addressed the source of payment if funds were unavailable in his regular inmate account.
Procedural history
Newson filed this action and sought leave to proceed without prepaying the filing fee. After reviewing his certified inmate trust fund account statement, the court calculated an initial partial payment of $1.43, stayed further action pending payment and statutory screening, and warned that failure to pay or show cause would result in voluntary dismissal without prejudice.