Robert Alexander v. Amy M. Radcliffe, et al.

Summary

The United States District Court for the Western District of Wisconsin assesses Robert Alexander an initial partial filing-fee payment of $4.01 under 28 U.S.C. § 1915(b)(1). The court directs him to pay the amount or explain his inability to do so by March 3, 2026, and states that failure to comply may result in dismissal without prejudice. Further proceedings are stayed pending receipt of the payment and screening of the complaint under the Prison Litigation Reform Act.

Holdings

1. Even if a prisoner qualifies to proceed without prepaying the filing fee, the prisoner must pay an initial partial filing fee under 28 U.S.C. § 1915(b)(1); based on the plaintiff's trust-account statement, the required amount was $4.01.
2. No further action will be taken until the clerk receives the initial partial payment as directed and the court screens the complaint under the Prison Litigation Reform Act.
3. If the plaintiff fails to make the initial partial payment by March 3, 2026, or fails to show cause for nonpayment, the court will 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 reopening conditions stated in the order.

Questions Presented

1. Whether the plaintiff must pay an initial partial filing fee despite qualifying to proceed without prepaying the full filing fee.
2. Whether the court should stay further proceedings pending payment of the initial partial fee and screening of the complaint.
3. What consequence should follow if the plaintiff fails to pay the initial partial fee or show cause for nonpayment.

Disposition

other