(a) Written Request to Proceed In Forma Pauperis. An individual may request leave to
commence a civil action without being required to prepay fees or costs by filing with the
complaint an affidavit requesting leave to proceed in forma pauperis. The affidavit must
either be on the form provided by the Clerk, or else contain the same information requested
on the Clerk’s form.
(b) Materials Reviewed. The Court must review the affidavit and any other information the
applicant provides that is relevant to his or her ability to prepay the filing fees and costs.
If the applicant is incarcerated, the Court may request a copy of the applicant’s inmate
account, if it is not filed with the affidavit. In calculating the applicant’s average monthly
income, the Court must exclude gifts of $5.00 or less, unless the applicant has received a
sufficient number of such gifts that it is reasonable to include them in the applicant’s
average income. The Court may give the defendants the opportunity to show cause why
the applicant should not be granted leave to proceed in forma pauperis.
(c) Standards for Granting In Forma Pauperis Status. The Court must determine whether
the applicant is capable of paying the initial filing fee. An applicant is not capable of
paying the initial filing fee if doing so will cause him or her to give up the basic necessities
of life. Unless the applicant shows good cause, an incarcerated applicant is capable of
paying the initial filing fee if his or her average monthly income or the balance in the
inmate account is $1,200.00. If the Court concludes the applicant is capable of paying the
initial filing fee, the Court may require the fee to be paid before the case proceeds or may
grant the applicant leave to pay the filing fee within a specified time period no shorter than
30 days. If the applicant then fails to timely pay the filing fee, the Court may dismiss the
complaint. The Court may grant leave to proceed in forma pauperis after the applicant has
paid the filing fee.
(d) Partial Filing Fees. Except in cases filed under 28 U.S.C. §§ 2254 and 2255, if the Court
concludes that the applicant is not capable of paying the full filing fee, the Court may
require the applicant to pay a partial filing fee of at least $1.50. The partial fee required
may not cause the applicant to give up the basic necessities of life. If the applicant is
confined in an institution which provides the basic necessities of life, the Court may
impose a partial filing fee of 10% of the applicant’s average monthly income for the six
months immediately preceding the filing of the complaint. If the Court concludes the
applicant is capable of paying the partial filing fee, the Court may require the fee to be
paid before the case proceeds or may grant the applicant leave to pay the filing fee within
a specified time period no fewer than 30 days. If the applicant then fails to timely pay the
partial filing fee, the Court may dismiss the complaint.
(e) Objections to In Forma Pauperis Status. If a filing fee is imposed on a person who has
requested leave to proceed in forma pauperis, any party to the case may, within 21 days
after being notified of the fee imposed, file written objections to the fee, to correct the
information that may have been considered in setting the fee, or to demonstrate special
circumstances justifying the payment of a lower or higher fee. The Court must review
promptly the objections and rule on the application for leave to proceed in forma pauperis.
(f) Review and Rescission of In Forma Pauperis Status. The Court may review and rescind
in forma pauperis status at any time for any reason, such as if the party becomes capable
of paying the complete filing fee, if the Court determines the case is frivolous, or if the
Court determines that the applicant has willfully misstated information in his or her
application.
(g) Payment of Attorney’s Fees and Costs from Recovery. By applying for in forma
pauperis status, the applicant and his or her attorney consents that a portion of any
recovery, as directed by the Court, must be paid to the Clerk, who will pay therefrom all
unpaid attorney’s fees and costs taxed against the applicant.
