Summary
The United States District Court for the Western District of Wisconsin orders plaintiff Danny Howard to pay an initial partial filing fee of $103.70 under 28 U.S.C. § 1915(b)(1). The order sets a March 12, 2026 deadline and provides that failure to pay or show cause will result in presumed voluntary dismissal without prejudice.
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Practice areas
Questions Presented
- Whether inmate plaintiff Danny Howard qualified to proceed without prepaying the filing fee and, if so, what initial partial payment was required under the Prison Litigation Reform Act.
- What procedural consequence would follow if the initial partial payment was not made or plaintiff failed to show cause for nonpayment.
Holdings
- An inmate who qualifies to proceed without prepaying the filing fee must nevertheless pay an initial partial filing fee under 28 U.S.C. § 1915(b)(1); based on Howard's trust-fund statement, that payment was $103.70.
- If Howard failed to pay the initial partial payment by March 12, 2026, or failed to show cause for nonpayment, the court would treat the failure as an indication that he wished to withdraw the action voluntarily and dismiss the case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
Factual background
Danny Howard is an inmate plaintiff who submitted a certified inmate trust fund account statement in support of proceeding without prepaying the filing fee. Based on the account information, the court calculated an initial partial payment of $103.70. The court directed that payment be made from available regular or release-account funds before the case would proceed to screening.
Procedural history
The plaintiffs filed a prisoner civil-rights action. Before screening the complaint, the court considered Danny Howard's application to proceed without prepaying the filing fee, calculated his initial partial payment, and ordered payment or an explanation of inability to pay by March 12, 2026.