Gordon Laakso v. Officer Ms. Bluem

Summary

The United States District Court for the Western District of Wisconsin grants Gordon Laakso leave to proceed without prepaying the filing fee in his 42 U.S.C. § 1983 action. The court assesses an initial partial filing-fee payment of $53.70, due by June 22, 2026, and states that failure to pay or show cause may result in dismissal without prejudice.

Holdings

1. The plaintiff qualifies for indigent status and may proceed without prepaying the entire filing fee.
2. Even when a prisoner qualifies for indigent status, the prisoner must pay an initial partial filing fee pursuant to 28 U.S.C. § 1915(b)(1). The plaintiff's initial partial payment was $53.70.
3. If the plaintiff fails to pay the initial partial payment by the deadline or 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).

Questions Presented

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

Disposition

other