Gilbert Richards v. Eric Bisch, et al.

Summary

The United States District Court for the Western District of Wisconsin grants Gilbert Richards leave to proceed without prepaying the filing fee but assesses an initial partial payment of $4.46 under 28 U.S.C. § 1915(b)(1). The court directs payment by April 27, 2026 and states that failure to pay or show cause will result in dismissal without prejudice.

Holdings

1. Plaintiff qualifies for indigent status and may proceed without prepaying the full filing fee, subject to the statutory filing-fee requirements.
2. An inmate who qualifies for indigent status must pay an initial partial filing fee under 28 U.S.C. § 1915(b)(1); plaintiff's initial partial payment was $4.46.
3. If plaintiff fails to make the initial partial payment by the deadline or fails to show cause for nonpayment, the court will treat the failure as a voluntary withdrawal and dismiss the action without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i), subject to the stated reopening conditions.

Questions Presented

1. Whether the inmate plaintiff qualified to proceed without prepaying the full filing fee.
2. Whether the court was required to assess an initial partial filing-fee payment under the Prison Litigation Reform Act.
3. What consequence should follow if plaintiff failed to make the initial partial payment or show cause for nonpayment.

Disposition

other