David A. Schlemm v. Kevin Carr, et al.

Summary

The United States District Court for the Western District of Wisconsin assesses plaintiff David A. Schlemm an initial partial filing-fee payment of $3.41 under the Prison Litigation Reform Act. The order sets a February 23, 2026 deadline for payment or an explanation of inability to pay and states that failure to comply may result in dismissal without prejudice.

Holdings

1. A prisoner litigant who qualifies to proceed without prepaying the filing fee must nevertheless pay an initial partial filing-fee payment as required by 28 U.S.C. § 1915(b)(1).
2. Plaintiff was assessed an initial partial filing-fee payment of $3.41.
3. If plaintiff failed to make the initial partial payment by February 23, 2026, or show cause for his inability to pay, the court would treat the 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), subject to the stated reopening conditions.

Questions Presented

1. Whether plaintiff qualified to proceed without prepaying the filing fee while remaining obligated to pay an initial partial filing fee under the Prison Litigation Reform Act.
2. What amount should be assessed as plaintiff's initial partial filing-fee payment.
3. What consequence would follow if plaintiff failed to make the payment or show cause for his inability to do so.

Disposition

other