Roy James Jones v. Sgt. Diana Mason

Summary

The United States District Court for the Western District of Wisconsin assesses plaintiff Roy James Jones an initial partial filing-fee payment of $22.60 under the Prison Litigation Reform Act. The order requires payment by June 1, 2026, and states that failure to pay or show cause may result in voluntary dismissal without prejudice.

Holdings

1. A prisoner litigant proceeding without prepaying the filing fee must pay an initial partial filing fee pursuant to 28 U.S.C. § 1915(b)(1), and plaintiff was assessed $22.60.
2. If plaintiff fails to submit the $22.60 payment by June 1, 2026, or fails to show cause for nonpayment, the court will treat the failure as an indication that plaintiff wishes to withdraw the action and will 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 plaintiff should be assessed an initial partial filing-fee payment under 28 U.S.C. § 1915(b)(1).
2. What amount plaintiff must pay as the initial partial filing fee.
3. What consequence should follow if plaintiff fails to pay the initial partial fee or show cause for nonpayment.

Disposition

other