Sean W. Moore v. Sheriff Richard Meister, et al.

Summary

The court assesses plaintiff Sean W. Moore an initial partial filing-fee payment of $48.67 under 28 U.S.C. § 1915(b)(1). The order requires payment or an explanation by April 20, 2026, and states that failure to comply may result in dismissal without prejudice.

Holdings

1. Under 28 U.S.C. § 1915(b)(1), an inmate proceeding without prepaying the full filing fee must pay an initial partial payment; based on plaintiff's trust fund account statement, the required amount was $48.67.
2. If plaintiff failed to submit the $48.67 initial partial payment by April 20, 2026, or show cause for failing to do so, the court would 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 stated reopening conditions.

Questions Presented

1. Whether plaintiff qualified to proceed without prepaying the full filing fee and, if so, what initial partial payment was required under the Prison Litigation Reform Act.
2. What procedural consequence would follow if plaintiff failed to pay the initial partial payment or show cause for nonpayment.

Disposition

other