Nicholas J. House v. Lawrence Krauss, 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 order requires payment by March 23, 2026, and states that failure to pay or show cause will result in presumed voluntary dismissal without prejudice.

Holdings

1. Even when an inmate litigant qualifies to proceed without prepaying the filing fee, the Prison Litigation Reform Act requires the inmate to pay an initial partial portion of the filing fee under 28 U.S.C. § 1915(b)(1).
2. Plaintiff was assessed an initial partial filing-fee payment of $151.82, to be paid from his regular inmate account and, if necessary, his release account.
3. If plaintiff failed to make the initial partial payment by March 23, 2026, or failed to show cause for nonpayment, 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 conditions.

Questions Presented

1. Whether plaintiff qualified to proceed without prepaying the filing fee while remaining subject to the Prison Litigation Reform Act's initial partial filing-fee requirement.
2. What initial partial payment should be assessed based on plaintiff's certified inmate trust fund account statement.
3. What consequences would follow if plaintiff failed to pay the initial partial payment or show cause for nonpayment.

Disposition

other