Jessie Ellis Gayle v. Anthony Johnson and Krista Cummings

Summary

The United States District Court for the Western District of Wisconsin grants Jessie Ellis Gayle leave to proceed without prepaying the filing fee in a 42 U.S.C. § 1983 action. The court assesses an initial partial filing-fee payment of $1.71, due by June 19, 2026, and states that failure to pay or show cause may 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 partial-payment requirement.
2. Even an indigent prisoner must pay an initial partial filing fee calculated under 28 U.S.C. § 1915(b)(1); plaintiff's initial partial payment is $1.71.
3. No further action will be taken until the clerk receives the initial partial payment and the court completes the screening required by the Prison Litigation Reform Act.
4. If plaintiff fails to make 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 case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i), subject to the court's stated reopening conditions.

Questions Presented

1. Whether plaintiff qualified to proceed without prepaying the full filing fee based on indigent status.
2. Whether plaintiff was required to pay an initial partial filing fee under the Prison Litigation Reform Act.
3. What procedural consequence would follow if plaintiff failed to pay the initial partial fee or show cause for nonpayment.

Disposition

other