UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
PROCEDURES GOVERNING IN FORMA PAUPERIS
PAYMENTS FOR FILING FEES BY INCARCERATED INDIVIDUALS
Amendments in April 1996 to 28 U.S.C. § 1915 require an inmate to pay the full filing
fee when bringing a civil action or filing an appeal in forma pauperis. If, however, insufficient
funds exist in the inmate's account:
1. When filed with the court, all complaints or petitions by incarcerated persons should be
accompanied by:
a. a Motion to Proceed In Forma Pauperis;
b. a Financial Affidavit (USDCNH 15 or equivalent);
c. a Certificate of Custodial Institution (see USDCNH-14 attached) with a copy,
certified by an authorized official of the institution, of the applicant's trust
account statement for the prior six-month period; and
d. a Prisoner Litigation Reform Act Consent Form (USDCNH-14A) signed by
the inmate.
2. Should in forma pauperis status be granted, the court will set an initial partial filing fee
in the amount of 20% of the greater of (a) the average monthly (for the prior six months) deposits
to the inmate's account; or (b) the average monthly balance in the inmate's account for the prior
six-month period.
3. The court will issue an order:
a. setting the amount of the initial partial filing fee;
b. ordering subsequent monthly payments of 20% of the preceding month's
income, whenever the inmate's account exceeds $10.
4. Should the inmate return the Prisoner Litigation Reform Act Consent Form
(USDCNH-14A), which reflects the inmate's consent to pay the filing fee and to have the monies
withdrawn from their inmate account until paid in full, the court will forward to the appropriate
inmate accounts office a copy of both that form and the court's order setting forth the payment
obligation. Inmate accounts should disburse the initial filing fee in the ordinary course (and any
subsequent filing fees pursuant to the court order) without requiring any further inmate slip
authorizing the disbursement from the inmate's account. Should the inmate fail to timely fil any
of the documents referenced in section 1 above, the case will be dismissed without prejudice.
5. Once the initial partial filing fee is paid, it is the responsibility of the institution to
automatically withdraw the subsequent monthly payments (20% of the preceding month's
income, whenever the inmate's account exceeds $10) until the fee is paid in full.
Any check sent to the court shall be accompanied by a transmittal memo clearly
indicating the case number and name of inmate.
If the institution has multiple inmate litigants who have been assessed filing fees, the
institution may issue one check, provided that it is accompanied by a transmittal memo indicating
the case number and name of each inmate along with the amount included for each inmate so that
the court may properly post those amounts to the inmate's court account.
The check will be sent to the Clerk of Court monthly by the 10th of the following month.
6. Both the court and the institution shall carefully monitor payments so that collection
may be terminated when full payment is made.
7. If an inmate who is making monthly payments is released from custody or transferred
to another institution, the original institution shall notify the court when the inmate account is
closed and shall advise the court of a forwarding address of the inmate.
Effective: May 15, 2012
cc: William L. Wrenn, Commissioner, NH Department of Corrections
Richard M. Gerry, Warden, NH State Prison
Superintendents, County Correctional Facilities
Nancy J. Smith, NH Attorney General's Office
Michael K. Brown, NH Attorney General's Office
Carolyn Marie Kirby, Office of Legal Counsel, Hillsborough County
County Attorneys
