Jason Andujar v. New Lisbon Correctional Institution

Summary

The United States District Court for the Western District of Wisconsin grants Jason Andujar leave to proceed without prepaying the filing fee but assesses an initial partial payment of $40.49 under 28 U.S.C. § 1915(b)(1). The order requires payment or an explanation by May 8, 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, subject to the statutory requirement that he pay an initial partial filing fee.
2. Plaintiff must submit an initial partial payment of $40.49 by May 8, 2026, or advise the court in writing why he cannot make the payment.
3. If plaintiff fails to make the initial partial payment by May 8, 2026, or fails to show cause for nonpayment, the court will treat that failure as a voluntary withdrawal and dismiss the case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i).

Questions Presented

1. Whether plaintiff qualifies to proceed without prepaying the full filing fee based on his indigent status.
2. What initial partial filing-fee payment plaintiff must make under the Prison Litigation Reform Act.
3. What consequence follows if plaintiff fails to pay the initial partial fee or show cause for nonpayment.

Disposition

other