Smith, Walter v. Kolecheck, Timothy et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
WALTER SMITH,
Plaintiff,
v.
TIMOTHY KOLECHECK, et al.
Defendants.
ORDER
Case No. 26-cv-22-wmc
Plaintiff Walter Smith has submitted a certified inmate trust fund account statement
in support of a motion for leave to proceed without prepaying the filing fee. The court must
now determine whether plaintiff qualifies for indigent status and, if so, calculate an initial
partial payment of the filing fee.
Even when a prisoner litigant qualifies for indigent status, the litigant must pay a
portion of the filing fee pursuant to 28 U.S.C. § 1915(b)(1). Using information from plaintiff's
trust fund account statement, I have calculated plaintiff's initial partial payment to be $72.21.
For this case to proceed, plaintiff must submit this amount on or before March 6, 2026.
If plaintiff does not have sufficient funds in a regular inmate account to make the initial
partial payment, then plaintiff should arrange with prison officials to make the payment from
a release account. However, prison officials will draw funds first from plaintiff's regular account
and any portion of the initial partial payment remaining from plaintiff's release account. Carter
v. Bennett, 399 F. Supp. 2d 936, 937 (W.D. Wis. 2005).
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ORDER
IT IS ORDERED that:
1. 	Plaintiff Walter Smith is assessed an initial partial payment of $72.21. Plaintiff
must submit a check or money order payable to the clerk of court by March 6, 2026 or advise
the court in writing why plaintiff is not able to make the initial partial payment.
2. 	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). 	Once the screening process is
complete, the court will issue a separate order.
2. 	If plaintiff fails to make the initial partial payment by March 6, 2026, or fails to
show cause why the payment could not be made, then I will assume that plaintiff wishes to
withdraw this action voluntarily. 	In that event, the case will be dismissed without prejudice
under Federal Rule of Civil Procedure 41(a)(1)(A)(i). 	If plaintiff submits the initial partial
payment within 30 days of dismissal, the case will be reopened. The court will not reopen the
case after 30 days unless plaintiff makes a showing that they are entitled to relief under Federal
Rule of Civil Procedure 60(b).
Entered this 12 th day of February, 2026.
BY THE COURT:
/s/
ANDREW R. WISEMAN
United States Magistrate Judge
Case: 3:26-cv-00022-wmc Document #: 7 Filed: 02/12/26 Page 2 of 2