Randy Hermosillo v. C/O Young, et al.

Summary

The United States District Court for the Western District of Wisconsin grants Randy Hermosillo 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 $1.49, due by March 13, 2026, and 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 entire filing fee, subject to the statutory prisoner filing-fee requirements.
2. The plaintiff was assessed an initial partial filing-fee payment of $1.49, payable by March 13, 2026, or he was required to explain in writing why he could not make the payment.
3. If the plaintiff failed to pay the initial partial fee by the deadline or show cause for nonpayment, the court would treat the failure as an indication that he wished to voluntarily withdraw the action and would dismiss the case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i), subject to the stated reopening conditions.

Questions Presented

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

Disposition

other