James Curtis v. Peter Jaeger, et al.

Summary

The court grants James Curtis leave to proceed without prepaying the filing fee but assesses an initial partial payment of $3.86 under the Prison Litigation Reform Act. The order requires payment or an explanation by May 21, 2026 and states that failure to comply may result in voluntary dismissal without prejudice.

Holdings

1. Plaintiff qualifies for indigent status and may proceed without prepaying the full filing fee.
2. A prisoner who qualifies for indigent status must nevertheless pay an initial partial filing fee pursuant to 28 U.S.C. § 1915(b)(1), calculated from the prisoner's trust fund account information for the preceding six months.
3. No further action will be taken until the clerk receives the initial partial payment and the court completes screening of the complaint as required by the Prison Litigation Reform Act.

Questions Presented

1. Whether the prisoner plaintiff qualified to proceed without prepaying the 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 would follow if plaintiff failed to pay the initial partial fee or explain his inability to pay.

Disposition

other