Motion to Proceed In Forma Pauperis.
(1) A Non-Incarcerated Party. A non-incarcerated party may request that the
court waive or reduce the filing fee and the cost of service of process. The
party must complete and file a Motion to Proceed In Forma Pauperis at
the same time as filing the action (e.g., complaint for a civil case, petition
for a writ of habeas corpus, or petition for agency review). A form motion
is available from the Clerk’s Office and on the court’s website.
(A) In Forma Pauperis Qualifications. The court may find a party
indigent based on the information provided on the form motion or
if a party’s monthly income is equal to or below 200% of the United
States poverty guideline as issued each year in the Federal Register
by the Department of Health and Human Services for the 48
Contiguous States and the District of Columbia.
(B) Review of the Motion. A magistrate judge will review the motion to
determine whether the party qualifies as indigent and may review
whether the complaint meets the conditions of section 3-2(b). The
magistrate judge may request additional facts or documentary
evidence necessary to make this determination. A party who seeks
leave to proceed without prepayment of filing fees must use the
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procedures, forms, and instructions available on the court’s website
or from the Clerk’s Office and in these rules.
(C) Conditions for Filing the Action. The clerk will file the action under
the following conditions:
(i) as of the date of the order if the order waives the filing fee;
(ii) upon payment of the required fee if the order reduces the
filing fee; or
(iii) upon payment of the full filing fee if the order denies the
motion.
(D) Payment. A party will have 30 days from the date of the order to
submit the required fee. Failure to timely pay the filing fee will
result in closure of the case without filing the action. When a party
attempts to pay the filing fee after the case has been closed, the
clerk will accept the payment, open a new case, and file the action
as of the date of the payment.
(2) An Incarcerated Party. Under 28 U.S.C. § 1915, an incarcerated party may
request authorization to proceed in a civil action without prepayment of
the filing fee by filing a Motion to Proceed Without Prepayment of Fees. A
form motion is available from the Clerk’s Office and on the court’s
website.
(A) Account Statement and Consent. In addition to the motion, a party
must submit:
(i) a certified copy of the incarcerated party’s trust fund
account statement (or institutional equivalent) from each
institution in which the incarcerated party was confined in
the 6 months before the motion is filed. The account
statement must be submitted with the motion; and
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(ii) written consent authorizing the appropriate prison official to
collect fees and submit payments to the clerk if the motion is
granted. If the motion is granted, the court will send a
written consent form to the incarcerated party to sign and
return to the court.
(B) Initial Partial Filing Fee. If the motion is granted, the court will
assess and, when funds exist, collect an initial partial filing fee of
20% of the greater of:
(i) the average monthly deposits to the account during the
six-month period preceding the filing of the action; or
(ii) the average monthly balance in the account for the
six-month period preceding the filing of the action.
(C) Monthly Payments. After the initial partial filing fee is paid, the
incarcerated party must make monthly payments of 20% of the
preceding month’s income credited to the account but only if the
account balance exceeds $10.
(D) Collecting Payments. The agency having custody of the incarcerated
party must forward any payment required under this rule in the
proper amount to the clerk until the filing fees are paid.
(E) Conditions for Filing the Action. The clerk will file the action as of
the date of the order granting the motion. If the motion is denied,
the clerk will notify the incarcerated party of the decision and will
file the action only upon receipt of the required fee.
Screening the Case.
(1) At any time, including when reviewing the motion, a magistrate judge may
recommend dismissal of the action or a district judge may order dismissal
of the action if:
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(A) the allegation of indigence is untrue;
(B) the court lacks jurisdiction;
(C) the claims are frivolous or malicious;
(D) it fails to state a claim on which relief can be granted; or
(E) it seeks monetary relief against a defendant who is immune.
Service of Process.
(1) The clerk will not issue a summons to an unrepresented party until
directed to do so by the court.
(2) After the motion is granted, or after the case has been screened and a
decision has been made to proceed with service, the court will order:
(A) Regarding a non-incarcerated party’s action:
(i) the plaintiff to complete and return to the Clerk’s Office a
summons and a Service of Process form (both available from
the Clerk’s Office and on the court’s website) for each
defendant;
(ii) the clerk to issue the summons when the forms are
returned; and
(iii) the United States Marshal to serve on each defendant the
completed summons, the complaint, and a copy of the
order; or
(iv) if the plaintiff fails to submit the forms as directed, the
action may be dismissed.
(B) Regarding an incarcerated party’s action:
(i) each defendant to waive service of process, under Rule 4 of
the Federal Rules of Civil Procedure; or
(ii) the United States Marshal to serve on each defendant the
completed summons, the complaint, and a copy of the order.
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