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28 U.S.C. § 1915 — Proceedings in forma pauperis

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1915 — Proceedings in forma pauperis

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Source file: Laws/federal/codes/united-states-code/title-28/section-1915-proceedings-in-forma-pauperis--dd83d4ec26.md
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Source location: Title 28, Chapter 123, § 1915; chapter-123-fees-and-costs.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section636/b&num=0&edition=prelim) or under [section 3401(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3401/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section636/c&num=0&edition=prelim). 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.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 631 — Appointment and tenure

**(a)** The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Judicial Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court. Where there is more than one judge of a district court, the appointment, whether an original appointment or a reappointment, shall be by the concurrence of a majority of all the judges of such district court, and when there is no such concurrence, then by the chief judge. Where the conference deems it desirable, a magistrate judge may be designated to serve in one or more districts adjoining the district for which he is appointed. Such a designation shall be made by the concurrence of a majority of the judges of each of the district courts involved and shall specify the duties to be performed by the magistrate judge in the adjoining district or districts. **(b)** No individual may be appointed or reappointed to serve as a magistrate judge under this chapter unless: (1) He has been for at least five years a member in good standing of the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Territory of Guam, the Commonwealth of the Northern Mariana Islands, or the Virgin Islands of the United States, except that an individual who does not meet the bar membership requirements of this paragraph may be appointed and serve as a part-time magistrate judge if the appo

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 631

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 2412 — Costs and fees

**(a)** (1) Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in [section 1920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1920&num=0&edition=prelim), but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such party in the litigation. (2) A judgment for costs, when awarded in favor of the United States in an action brought by the United States, may include an amount equal to the filing fee prescribed under [section 1914(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1914/a&num=0&edition=prelim). The preceding sentence shall not be construed as requiring the United States to pay any filing fee. **(b)** Unless expressly prohibited by statute, a court may award reasonable fees and expenses of attorneys, in addition to the costs which may be awarded pursuant to subsection (a), to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides f

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 2412

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Federal law — U.S. Code and appendices · legal_authorities

11 U.S.C. § 523 — Exceptions to discharge

**(a)** A discharge under section 727, 1141, 1192 11 So in original. Probably should be followed by a comma. 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt— (1) for a tax or a customs duty— (A) of the kind and for the periods specified in section 507(a)(3) or 507(a)(8) of this title, whether or not a claim for such tax was filed or allowed; (B) with respect to which a return, or equivalent report or notice, if required— (i) was not filed or given; or (ii) was filed or given after the date on which such return, report, or notice was last due, under applicable law or under any extension, and after two years before the date of the filing of the petition; or (C) with respect to which the debtor made a fraudulent return or willfully attempted in any manner to evade or defeat such tax; (2) for money, property, services, or an extension, renewal, or refinancing of credit, to the extent obtained by— (A) false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition; (B) use of a statement in writing— (i) that is materially false; (ii) respecting the debtor’s or an insider’s financial condition; (iii) on which the creditor to whom the debtor is liable for such money, property, services, or credit reasonably relied; and (iv) that the debtor caused to be made or published with intent to deceive; or (C) (i) for purposes of subparagraph (A)— (I) consumer debts owed to a single creditor and aggregating more than $500 22 See Adjustment of Dollar Amounts notes below. for luxury goods or services incurred by an individual debtor on or within 90 days before the order for relief under this title are pr

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 983 — General rules for civil forfeiture proceedings

**(a) Notice; Claim; Complaint.—** (1) (A) (i) Except as provided in clauses (ii) through (v), in any nonjudicial civil forfeiture proceeding under a civil forfeiture statute, with respect to which the Government is required to send written notice to interested parties, such notice shall be sent in a manner to achieve proper notice as soon as practicable, and in no case more than 60 days after the date of the seizure. (ii) No notice is required if, before the 60-day period expires, the Government files a civil judicial forfeiture action against the property and provides notice of that action as required by law. (iii) If, before the 60-day period expires, the Government does not file a civil judicial forfeiture action, but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture, the Government shall either— (I) send notice within the 60 days and continue the nonjudicial civil forfeiture proceeding under this section; or (II) terminate the nonjudicial civil forfeiture proceeding, and take the steps necessary to preserve its right to maintain custody of the property as provided in the applicable criminal forfeiture statute. (iv) In a case in which the property is seized by a State or local law enforcement agency and turned over to a Federal law enforcement agency for the purpose of forfeiture under Federal law, notice shall be sent not more than 90 days after the date of seizure by the State or local law enforcement agency. (v) If the identity or interest of a party is not determined until after the seizure or turnover but is determined before a declaration of forfeiture is entered, notice shall be sent to such interested party not later than 60 days after the determination by the Gove

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 983

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1930 — Bankruptcy fees

**(a)** The parties commencing a case under title 11 shall pay to the clerk of the district court or the clerk of the bankruptcy court, if one has been certified pursuant to [section 156(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section156/b&num=0&edition=prelim), the following filing fees: (1) For a case commenced under— (A) chapter 7 of title 11, $245, and (B) chapter 13 of title 11, $235. (2) For a case commenced under chapter 9 of title 11, equal to the fee specified in paragraph (3) for filing a case under chapter 11 of title 11. The amount by which the fee payable under this paragraph exceeds $300 shall be deposited in the fund established under [section 1931 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1931&num=0&edition=prelim). (3) For a case commenced under chapter 11 of title 11 that does not concern a railroad, as defined in [section 101 of title 11](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title11-section101&num=0&edition=prelim), $1,167. (4) For a case commenced under chapter 11 of title 11 concerning a railroad, as so defined, $1,000. (5) For a case commenced under chapter 12 of title 11, $200. (6) (A) Except as provided in subparagraph (B), in addition to the filing fee paid to the clerk, a quarterly fee shall be paid to the United States trustee, for deposit in the Treasury, in each case under chapter 11 of title 11, other than under subchapter V, for each quarter (including any fraction thereof) until the case is converted or dismissed, whichever occurs first. The fee shall be $325 for each quarter in which disbursements total less than $15,000; $650 for each quarter in which disbursements total $15,000 or more but less than $75

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 1930

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1915 — Proceedings in forma pauperis

Page 483 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1915 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–171, title X, § 10001(d), Feb. 8, 2006, 120 Stat. 184, provided that: ‘‘This section [amending this section and enacting provisions set out as notes under sections 1913 and 1931 of this title] and the amendment made by this section shall take effect 60 days after the date of the enactment of this Act [Feb. 8, 2006].’’ EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–447, div. B, title III, § 307(c), Dec. 8, 2004, 118 Stat. 2895, provided that: ‘‘This section [amending this section and section 1931 of this title] shall take ef- fect 60 days after the date of the enactment of this Act [Dec. 8, 2004].’’ EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–317, title IV, § 401(c), Oct. 19, 1996, 110 Stat. 3854, provided that: ‘‘This section [amending this sec- tion and section 1931 of this title] shall take effect 60 days after the date of the enactment of this Act [Oct. 19, 1996].’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–336, § 4(c), June 19, 1986, 100 Stat. 638, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to any civil action, suit, or proceeding instituted on or after the date of the enactment of this Act [June 19, 1986].’’ EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(c) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. COURT FEES FOR ELECTRONIC ACCESS TO INFORMATION Judicial Conference to prescribe reasonable fees for collection by courts under this section for access to in- formation available through automatic data processing equipment and fee

Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1915

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