Christopher Brugger v. Ryan Kimberly, et al.

Summary

The United States District Court for the Western District of Wisconsin assesses plaintiff Christopher Brugger an initial partial filing-fee payment of $43.78 under 28 U.S.C. § 1915(b)(1). The court directs payment by June 17, 2026 and states that failure to pay or show cause may result in dismissal without prejudice, subject to possible reopening.

Holdings

1. An inmate proceeding under the in forma pauperis provisions 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 $43.78.
2. If plaintiff fails to make the initial partial payment by the specified deadline or fails to 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).
3. No further action will be taken until the initial partial payment is received and the complaint is screened as required by 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 submit the initial partial payment or show cause for nonpayment.

Disposition

other