§ 1915. — Proceedings in forma pauperis.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1915]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 123--FEES AND COSTS
Sec. 1915. Proceedings in forma pauperis
(a)(1) Subject to subsection (b), any court of the United States may
authorize the commencement, prosecution or defense of any suit, action
or proceeding, civil or criminal, or appeal therein, without prepayment
of fees or security therefor, by a person who submits an affidavit that
includes a statement of all assets such prisoner possesses that the
person is unable to pay such fees or give security therefor. Such
affidavit shall state the nature of the action, defense or appeal and
affiant's belief that the person is entitled to redress.
(2) A prisoner seeking to bring a civil action or appeal a judgment
in a civil action or proceeding without prepayment of fees or security
therefor, in addition to filing the affidavit filed under paragraph (1),
shall submit a certified copy of the trust fund account statement (or
institutional equivalent) for the prisoner for the 6-month period
immediately preceding the filing of the complaint or notice of appeal,
obtained from the appropriate official of each prison at which the
prisoner is or was confined.
(3) An appeal may not be taken in forma pauperis if the trial court
certifies in writing that it is not taken in good faith.
(b)(1) Notwithstanding subsection (a), if a prisoner brings a civil
action or files an appeal in forma pauperis, the prisoner shall be
required to pay the full amount of a filing fee. The court shall assess
and, when funds exist, collect, as a partial payment of any court fees
required by law, an initial partial filing fee of 20 percent of the
greater of--
(A) the average monthly deposits to the prisoner's account; or
(B) the average monthly balance in the prisoner's account for
the 6-month period immediately preceding the filing of the complaint
or notice of appeal.
(2) After payment of the initial partial filing fee, the prisoner
shall be required to make monthly payments of 20 percent of the
preceding month's income credited to the prisoner's account. The agency
having custody of the prisoner shall forward payments from the
prisoner's account to the clerk of the court each time the amount in the
account exceeds $10 until the filing fees are paid.
(3) In no event shall the filing fee collected exceed the amount of
fees permitted by statute for the commencement of a civil action or an
appeal of a civil action or criminal judgment.
(4) In no event shall a prisoner be prohibited from bringing a civil
action or appealing a civil or criminal judgment for the reason that the
prisoner has no assets and no means by which to pay the initial partial
filing fee.
(c) Upon the filing of an affidavit in accordance with subsections
(a) and (b) and the prepayment of any partial filing fee as may be
required under subsection (b), the court may direct payment by the
United States of the expenses of (1) printing the record on appeal in
any civil or criminal case, if such printing is required by the
appellate court; (2) preparing a transcript of proceedings before a
United States magistrate judge in any civil or criminal case, if such
transcript is required by the district court, in the case of proceedings
conducted under section 636(b) of this title or under section 3401(b) of
title 18, United States Code; and (3) printing the record on appeal if
such printing is required by the appellate court, in the case of
proceedings conducted pursuant to section 636(c) of this title. Such
expenses shall be paid when authorized by the Director of the
Administrative Office of the United States Courts.
(d) The officers of the court shall issue and serve all process, and
perform all duties in such cases. Witnesses shall attend as in other
cases, and the same remedies shall be available as are provided for by
law in other cases.
(e)(1) The court may request an attorney to represent any person
unable to afford counsel.
(2) Notwithstanding any filing fee, or any portion thereof, that may
have been paid, the court shall dismiss the case at any time if the
court determines that--
(A) the allegation of poverty is untrue; or
(B) the action or appeal--
(i) is frivolous or malicious;
(ii) fails to state a claim on which relief may be granted;
or
(iii) seeks monetary relief against a defendant who is
immune from such relief.
(f)(1) Judgment may be rendered for costs at the conclusion of the
suit or action as in other proceedings, but the United States shall not
be liable for any of the costs thus incurred. If the United States has
paid the cost of a stenographic transcript or printed record for the
prevailing party, the same shall be taxed in favor of the United States.
(2)(A) If the judgment against a prisoner includes the payment of
costs under this subsection, the prisoner shall be required to pay the
full amount of the costs ordered.
(B) The prisoner shall be required to make payments for costs under
this subsection in the same manner as is provided for filing fees under
subsection (a)(2).
(C) In no event shall the costs collected exceed the amount of the
costs ordered by the court.
(g) In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding under this section if the
prisoner has, on 3 or more prior occasions, while incarcerated or
detained in any facility, brought an action or appeal in a court of the
United States that was dismissed on the grounds that it is frivolous,
malicious, or fails to state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of serious physical injury.
(h) As used in this section, the term ``prisoner'' means any person
incarcerated or detained in any facility who is accused of, convicted
of, sentenced for, or adjudicated delinquent for, violations of criminal
law or the terms and conditions of parole, probation, pretrial release,
or diversionary program.
(June 25, 1948, ch. 646, 62 Stat. 954; May 24, 1949, ch. 139, Sec. 98,
63 Stat. 104; Oct. 31, 1951, ch. 655, Sec. 51(b), (c), 65 Stat. 727;
Pub. L. 86-320, Sept. 21, 1959, 73 Stat. 590; Pub. L. 96-82, Sec. 6,
Oct. 10, 1979, 93 Stat. 645; Pub. L. 101-650, title III, Sec. 321, Dec.
1, 1990, 104 Stat. 5117; Pub. L. 104-134, title I, Sec. 101[(a)] [title
VIII, Sec. 804(a), (c)-(e)], Apr. 26, 1996, 110 Stat. 1321, 1321-73 to
1321-75; renumbered title I, Pub. L. 104-140, Sec. 1(a), May 2, 1996,
110 Stat. 1327.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Secs. 9a(c)(e), 832, 833, 834,
835, and 836 (July 20, 1892, ch. 209, Secs. 1-5, 27 Stat. 252; June 25,
1910, ch. 435, 36 Stat. 866; Mar. 3, 1911, ch. 231, Sec. 5a, as added
Jan. 20, 1944, ch. 3, Sec. 1, 58 Stat. 5; June 27, 1922, ch. 246, 42
Stat. 666; Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54).
Section consolidates a part of section 9a(c)(e) with sections 832-
836 of title 28, U.S.C., 1940 ed.
For distribution of other provisions of section 9a of title 28,
U.S.C., 1940 ed., see Distribution Table.
Section 832 of title 28, U.S.C., 1940 ed., was completely rewritten,
and constitutes subsections (a) and (b).
Words ``and willful false swearing in any affidavit provided for in
this section or section 832 of this title, shall be punishable as
perjury as in other cases,'' in section 833 of title 28, U.S.C., 1940
ed., were omitted as covered by the general perjury statute, title 18,
U.S.C., 1940 ed., Sec. 231 (H.R. 1600, 80th Cong., sec. 1621).
A proviso in section 836 of title 28, U.S.C., 1940 ed., that the
United States should not be liable for costs was deleted as covered by
section 2412 of this title.
The provision in section 9a(e) of title 28, U.S.C., 1940 ed.,
respecting stenographic transcripts furnished on appeals in civil cases
is extended by subsection (b) of the revised section to include criminal
cases. Obviously it would be inconsistent to furnish the same to a poor
person in a civil case involving money only and to deny it in a criminal
proceeding where life and liberty are in jeopardy.
The provision of section 832 of title 28, U.S.C., 1940 ed., for
payment when authorized by the Attorney General was revised to
substitute the Director of the Administrative Office of the United
States Courts who now disburses such items.
Changes in phraseology were made.
1949 Act
This amendment clarifies the meaning of subsection (b) of section
1915 of title 28, U.S.C., and supplies, in subsection (e) of section
1915, an inadvertent omission to make possible the recovery of public
funds expended in printing the record for persons successfully suing in
forma pauperis.
Amendments
1996--Subsec. (a). Pub. L. 104-134, Sec. 101[(a)] [title VIII,
Sec. 804(a)(1)], designated first paragraph as par. (1), substituted
``Subject to subsection (b), any'' for ``Any'', struck out ``and costs''
after ``of fees'', substituted ``submits an affidavit that includes a
statement of all assets such prisoner possesses'' for ``makes
affidavit'', substituted ``such fees'' for ``such costs'', substituted
``the person'' for ``he'' in two places, added par. (2), and designated
last paragraph as par. (3).
Subsec. (b). Pub. L. 104-134, Sec. 101[(a)] [title VIII,
Sec. 804(a)(3)], added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 104-134, Sec. 101[(a)] [title VIII,
Sec. 804(a)(2), (4)], redesignated subsec. (b) as (c) and substituted
``subsections (a) and (b) and the prepayment of any partial filing fee
as may be required under subsection (b)'' for ``subsection (a) of this
section''. Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 104-134, Sec. 101[(a)] [title VIII,
Sec. 804(a)(2)], redesignated subsec. (c) as (d). Former subsec. (d)
redesignated (e).
Subsec. (e). Pub. L. 104-134, Sec. 101[(a)] [title VIII,
Sec. 804(a)(5)], amended subsec. (e) generally. Prior to amendment,
subsec. (e) read as follows: ``The court may request an attorney to
represent any such person unable to employ counsel and may dismiss the
case if the allegation of poverty is untrue, or if satisfied that the
action is frivolous or malicious.''
Pub. L. 104-134, Sec. 101[(a)] [title VIII, Sec. 804(a)(2)],
redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 104-134, Sec. 101[(a)] [title VIII,
Sec. 804(a)(2), (c)], redesignated subsec. (e) as (f), designated
existing provisions as par. (1) and substituted ``proceedings'' for
``cases'', and added par. (2).
Subsec. (g). Pub. L. 104-134, Sec. 101[(a)] [title VIII,
Sec. 804(d)], added subsec. (g).
Subsec. (h). Pub. L. 104-134, Sec. 101[(a)] [title VIII,
Sec. 804(e)], added subsec. (h).
1979--Subsec. (b). Pub. L. 96-82 substituted ``Upon the filing of an
affidavit in accordance with subsection (a) of this section, the court
may direct payment by the United States of the expenses of (1) printing
the record on appeal in any civil or criminal case, if such printing is
required by the appellate court; (2) preparing a transcript of
proceedings before a United States magistrate in any civil or criminal
case, if such transcript is required by the district court, in the case
of proceedings conducted under section 636(b) of this title or under
section 3401(b) of title 18, United States Code; and (3) printing the
record on appeal if such printing is required by the appellate court, in
the case of proceedings conducted pursuant to section 636(c) of this
title'' and ``Such expenses shall be paid when authorized by the
Director of the Administrative Office of the United States Courts'' for
``In any civil or criminal case the court may, upon the filing of a like
affidavit, direct that the expense of printing the record on appeal, if
such printing is required by the appellate court, be paid by the United
States, and the same shall be paid when authorized by the Director of
the Administrative Office of the United States Courts''.
1959--Subsec. (a). Pub. L. 86-320 substituted ``person'' for
``citizen''.
1951--Subsec. (b). Act Oct. 31, 1951, struck out ``furnishing a
stenographic transcript and'' after ``expense of''.
Subsec. (e). Act Oct. 31, 1951, inserted provision that the United
States shall not be liable for any of the costs incurred.
1949--Subsec. (b). Act May 24, 1949, Sec. 98(a), inserted ``such
printing is'' between ``if'' and ``required''.
Subsec. (e). Act May 24, 1949, Sec. 98(b), inserted ``or printed
record'' after ``stenographic transcript''.
Change of Name
``United States magistrate judge'' substituted for ``United States
magistrate'' in subsec. (c) pursuant to section 321 of Pub. L. 101-650,
set out as a note under section 631 of this title.
Section Referred to in Other Sections
This section is referred to in sections 1930, 2503 of this title;
title 10 section 867a; title 11 section 523; title 18 sections 983,
3006A.
