Kelvin D. Primer v. Lisa Gunnufson, et al.

Summary

The United States District Court for the Western District of Wisconsin assesses plaintiff Kelvin D. Primer an initial partial filing-fee payment of $48.69 under the Prison Litigation Reform Act. The order requires payment or an explanation by March 6, 2026 and states that failure to comply may result in voluntary dismissal without prejudice.

Holdings

1. Even when a prisoner litigant qualifies to proceed without prepaying the filing fee, the litigant must pay an initial partial portion of the filing fee as required by 28 U.S.C. § 1915(b)(1).
2. The plaintiff was assessed an initial partial filing-fee payment of $48.69.
3. If the plaintiff fails to make the initial partial payment by March 6, 2026, or fails to show cause for nonpayment, the court will treat the failure as an indication that he wishes to voluntarily withdraw the action and will dismiss the case 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 full filing fee while remaining responsible for an initial partial payment under the Prison Litigation Reform Act.
2. What initial partial filing-fee payment should be assessed based on the plaintiff's inmate trust fund account statement.
3. What consequence should follow if the plaintiff fails to pay the initial partial payment or show cause for nonpayment.

Disposition

other