Matthew Green v. Jane Doe Deputy, et al.

Green v. Jane Doe Deputy · United States District Court for the Western District of Wisconsin · May 18, 2026 · No. 26-cv-458-jdp

Summary

The United States District Court for the Western District of Wisconsin grants Matthew Green 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 $11.69, due by June 9, 2026, and stays further action pending payment and screening under the Prison Litigation Reform Act. The order states that failure to pay or show cause may result in dismissal without prejudice.

Holdings

  1. The plaintiff qualified for indigent status and could proceed without prepaying the full filing fee, subject to the statutory obligation to pay the filing fee over time.
  2. The plaintiff was assessed an initial partial filing-fee payment of $11.69, due by June 9, 2026.
  3. If the plaintiff failed to submit the initial partial payment by June 9, 2026, or failed to show cause why he could not pay, the court would treat the failure as a voluntary withdrawal and dismiss the action without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i), subject to the stated reopening provisions.

Questions Presented

  1. Whether the prisoner plaintiff qualified to proceed without prepaying the full filing fee.
  2. What initial partial filing-fee payment was required under the Prison Litigation Reform Act.
  3. What consequences would follow if the plaintiff failed to pay the initial partial fee or show cause for nonpayment.

Disposition

other

Cases Cited (1)

  • Carter v. Bennett, 399 F. Supp. 2d 936, 937 (W.D. Wis. 2005)(followed)

Cited In (0)

No citing cases on record yet.

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