Thomas Peters, Antonio Galicia and Randy McBride v. J. Hoy, et al.

Summary

The court assesses plaintiff Thomas Peters an initial partial filing-fee payment of $1.42 under the Prison Litigation Reform Act. It directs payment by May 15, 2026, warns that failure to pay or show cause may result in voluntary dismissal without prejudice, and stays further action pending payment and statutory screening.

Holdings

1. A prisoner proceeding without prepaying the filing fee must pay an initial partial filing-fee payment under 28 U.S.C. § 1915(b)(1), and Peters's required initial payment was $1.42.
2. If Peters failed to make the $1.42 initial partial payment by May 15, 2026, or failed to show cause why he could not pay, 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).
3. No further action would be taken until the initial partial payment was received and the complaint was screened as required by the Prison Litigation Reform Act.

Questions Presented

1. Whether Peters 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 consequences would follow if Peters failed to pay the initial partial payment or explain his inability to do so.

Disposition

other