Nicholas J. House v. Dr. K. Hammel, et al.

Summary

The United States District Court for the Western District of Wisconsin assesses plaintiff Nicholas J. House an initial partial filing-fee payment of $151.82 under 28 U.S.C. § 1915(b)(1). The court directs payment by March 23, 2026, postpones further action pending payment and screening, and warns that failure to pay or show cause may result in dismissal without prejudice.

Holdings

1. An incarcerated litigant proceeding without prepaying the filing fee must pay an initial partial filing fee under 28 U.S.C. § 1915(b)(1), and House's initial partial payment was assessed at $151.82.
2. If the plaintiff lacks sufficient funds in a regular inmate account to make the initial partial payment, prison officials should draw funds first from the regular account and any remaining amount from the release account.
3. If House fails to make the initial partial payment by March 23, 2026, or fails to show cause for nonpayment, the action will be treated as voluntarily withdrawn and dismissed without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i), subject to reopening within 30 days upon payment.
4. No further action will be taken until the initial partial payment is received and the complaint is screened as required by the Prison Litigation Reform Act.

Questions Presented

1. What initial partial filing-fee payment must the incarcerated plaintiff make under 28 U.S.C. § 1915(b)(1)?
2. What should happen if the plaintiff fails to make the initial partial payment or show cause for his inability to pay?

Disposition

other