Vonell Lavell Shaw v. Innovative Brands and Jack L. Marcus Company

Summary

The United States District Court for the Western District of Wisconsin grants Vonell Lavell Shaw leave to proceed without prepaying the filing fee but assesses an initial partial payment of $46.76 under the Prison Litigation Reform Act. The court requires payment by June 1, 2026 and states that failure to pay or show cause will result in voluntary dismissal without prejudice.

Holdings

1. Shaw qualifies for indigent status and may proceed without prepaying the full filing fee, subject to the statutory obligation to pay the required partial fee.
2. Shaw is assessed an initial partial filing-fee payment of $46.76.
3. If Shaw fails to pay the initial partial fee by June 1, 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).
4. No further action will be taken until the clerk receives the initial partial payment and the court completes the screening required by the Prison Litigation Reform Act.

Questions Presented

1. Whether the prisoner plaintiff qualified to proceed without prepaying the full filing fee.
2. What initial partial filing-fee payment was required under the Prison Litigation Reform Act.
3. What procedural consequences would follow if the plaintiff failed to make the initial partial payment or show cause for nonpayment.

Disposition

other