Randall Bradford v. Ms. Stuttgen, et al.

Summary

The United States District Court for the Western District of Wisconsin grants Randall Bradford 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 $30.69, due by May 4, 2026, and states that failure to pay or show cause will result in dismissal without prejudice.

Holdings

1. A prisoner who qualifies for indigent status must nevertheless pay the initial partial filing fee required by 28 U.S.C. § 1915(b)(1), calculated from information in the prison trust-fund account statement for the preceding six-month period. Bradford's initial partial payment was $30.69.
2. No further action will be taken until the clerk receives the initial partial payment and the court screens the complaint as required by the Prison Litigation Reform Act.
3. If Bradford fails to make the initial partial payment by May 4, 2026, or fails to show cause for nonpayment, the court will treat that failure as a voluntary withdrawal and dismiss the action without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i).

Questions Presented

1. Whether the prisoner plaintiff qualifies to proceed without prepaying the full filing fee.
2. What initial partial filing-fee payment the plaintiff must make under the Prison Litigation Reform Act.
3. What procedural consequence follows if the plaintiff fails to pay the initial partial fee or explain his inability to do so.

Disposition

other