Summary
The United States District Court for the Western District of Wisconsin grants Sammie L. Smith, Jr. leave to proceed in forma pauperis but assesses an initial partial filing-fee payment of $67.94 under 28 U.S.C. § 1915(b)(1). The order requires payment or an explanation by March 23, 2026, and states that failure to comply may result in dismissal without prejudice.
Topics
Practice areas
Questions Presented
- Whether plaintiff qualified to proceed without prepaying the filing fee based on his indigent status.
- What initial partial filing-fee payment plaintiff was required to make under the Prison Litigation Reform Act.
- What consequence would follow if plaintiff failed to pay the initial partial filing fee or show cause for nonpayment.
Holdings
- Plaintiff qualifies for indigent status and may proceed without prepaying the entire filing fee, subject to the statutory obligation to pay an initial partial filing fee.
- Plaintiff must pay an initial partial filing fee of $67.94 by March 23, 2026, or explain in writing why he cannot make the payment.
- If plaintiff fails to pay the initial partial filing fee by the deadline or show cause for nonpayment, the court will treat that failure as an indication that he wishes to withdraw the action voluntarily and will dismiss the case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i).
Key quotations
“No further action will be taken in this case until the clerk’s office receives the initial partial payment as directed above and the court has screened the complaint as required by the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2).”
Factual background
Plaintiff Sammie L. Smith, Jr. is a prisoner in the custody of the Wisconsin Department of Corrections. He submitted a proposed civil action under 42 U.S.C. § 1983, a certified trust-fund account statement covering the preceding six months, and a motion to proceed without prepaying the filing fee. Based on that account information, the court calculated an initial partial payment of $67.94.
Procedural history
Sammie L. Smith, Jr., a Wisconsin prisoner, initiated this civil-rights action under 42 U.S.C. § 1983 and sought leave to proceed without prepaying the filing fee. The court found him eligible for indigent status, calculated an initial partial payment of $67.94 under the Prison Litigation Reform Act, and ordered payment by March 23, 2026. The court stated that failure to pay or show cause would result in presumed voluntary withdrawal and dismissal without prejudice, subject to limited reopening procedures.