Carl F. Self v. Lt. Cormican, et al.

Summary

The United States District Court for the Western District of Wisconsin orders plaintiff Carl F. Self to pay an initial partial filing fee of $79.53 under 28 U.S.C. § 1915(b)(1) by February 3, 2026, or explain his inability to do so. The court stays further action pending payment and screening, and warns that failure to pay or show cause will result in dismissal without prejudice.

Holdings

1. A prisoner litigant who qualifies to proceed without prepaying the full filing fee must pay an initial partial filing fee under 28 U.S.C. § 1915(b)(1).
2. Plaintiff was assessed an initial partial filing-fee payment of $79.53, due by February 3, 2026, unless he explained why he could not pay.
3. If plaintiff failed to make the initial partial payment by February 3, 2026, or failed to show cause for nonpayment, the court would treat the failure as an indication that he wished to withdraw the action and would dismiss the case without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i), subject to limited reopening conditions.

Questions Presented

1. Whether plaintiff qualified to proceed without prepaying the full filing fee while remaining subject to the Prison Litigation Reform Act's initial partial payment requirement.
2. What amount should be assessed as plaintiff's initial partial filing-fee payment and what consequence should follow if he failed to pay or show cause.

Disposition

other