28 U.S.C. § 1919 — Dismissal for lack of jurisdiction

Page 485 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1919 peal, 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 Adminis- trative 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 ‘‘fur- nishing 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, § 98(a), inserted ‘‘such printing is’’ between ‘‘if’’ and ‘‘required’’. Subsec. (e). Act May 24, 1949, § 98(b), inserted ‘‘or printed record’’ after ‘‘stenographic transcript’’. Statutory Notes and Related Subsidiaries 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. § 1915A. Screening (a) SCREENING.—The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or em- ployee of a governmental entity. (b) GROUNDS FOR DISMISSAL.—On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint— (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief. (c) DEFINITION.—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 delin- quent for, violations of criminal law or the terms and conditions of parole, probation, pre- trial release, or diversionary program. (Added Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 805(a)], Apr. 26, 1996, 110 Stat. 1321, 1321–75; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.) § 1916. Seamen’s suits In all courts of the United States, seamen may institute and prosecute suits and appeals in their own names and for their own benefit for wages or salvage or the enforcement of laws en- acted for their health or safety without pre- paying fees or costs or furnishing security there- for. (June 25, 1948, ch. 646, 62 Stat. 955.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 837 (June 12, 1917, ch. 27, § 1, 40 Stat. 157; July 1, 1918, ch. 113, § 1, 40 Stat. 683). Changes in phraseology were made. § 1917. District courts; fee on filing notice of or petition for appeal Upon the filing of any separate or joint notice of appeal or application for appeal or upon the receipt of any order allowing, or notice of the al- lowance of, an appeal or of a writ of certiorari $5 shall be paid to the clerk of the district court, by the appellant or petitioner. (June 25, 1948, ch. 646, 62 Stat. 955.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 552 (Feb. 11, 1925, ch. 204, § 5, 43 Stat. 857; Jan. 31, 1928, ch. 14, § 1, 45 Stat. 54; Sept. 27, 1944, ch. 414, § 3, 58 Stat. 744). Words ‘‘to the clerk of the district court’’ were added to clarify the intent of Congress, as shown by the title of the 1944 act containing this section, and by the text of such Act in its entirety. Words ‘‘as an additional fee in said suit or action, or proceeding in bankruptcy’’ were omitted. The entire text of the basic 1944 act shows that Congress intended it to apply to all actions, suits and proceedings, includ- ing bankruptcy proceedings, and nowhere else in such act is any reference made to bankruptcy proceedings. Changes were made in phraseology. § 1918. District courts; fines, forfeitures and criminal proceedings (a) Costs shall be included in any judgment, order, or decree rendered against any person for the violation of an Act of Congress in which a civil fine or forfeiture of property is provided for. (b) Whenever any conviction for any offense not capital is obtained in a district court, the court may order that the defendant pay the costs of prosecution. (June 25, 1948, ch. 646, 62 Stat. 955.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 822 (R.S. § 974). Changes were made in phraseology. § 1919. Dismissal for lack of jurisdiction Whenever any action or suit is dismissed in any district court, the Court of International Trade, or the Court of Federal Claims for want of jurisdiction, such court may order the pay- ment of just costs. (June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 96–417, title V, § 510, Oct. 10, 1980, 94 Stat. 1743; Pub. L. 102–572, title IX, § 908(a), (b)(1), Oct. 29, 1992, 106 Stat. 4519.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., § 80 (Mar. 3, 1911, ch. 231, § 37, 36 Stat. 1098). Words ‘‘dismissed for want of jurisdiction’’ were sub- stituted for ‘‘it shall appear to the satisfaction of the said district court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or con- troversy properly within the jurisdiction of said dis- trict court’’. The substituted language is sufficient. (See reviser’s note under section 1359 of this title.) The provisions of section 80 of title 28, U.S.C., 1940 ed., re- lating to dismissal for improper or collusive joinder in removal proceedings, are incorporated in section 1359 of this title. Other provisions of section 80 of title 28, U.S.C., 1940 ed., appear in section 1447 of this title. Changes were made in phraseology. Editorial Notes AMENDMENTS 1992—Pub. L. 102–572 substituted ‘‘Dismissal’’ for ‘‘District courts; dismissal’’ in section catchline and in- serted reference to Court of Federal Claims in text. Page 486 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1920 1980—Pub. L. 96–417 included dismissals in Court of International Trade for want of jurisdiction. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(E) of Pub. L. 96–417, set out as a note under section 251 of this title. § 1920. Taxation of costs A judge or clerk of any court of the United States may tax as costs the following: (1) Fees of the clerk and marshal; (2) Fees for printed or electronically re- corded transcripts necessarily obtained for use in the case; (3) Fees and disbursements for printing and witnesses; (4) Fees for exemplification and the costs of making copies of any materials where the cop- ies are necessarily obtained for use in the case; (5) Docket fees under section 1923 of this title; (6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpreta- tion services under section 1828 of this title. A bill of costs shall be filed in the case and, upon allowance, included in the judgment or de- cree. (June 25, 1948, ch. 646, 62 Stat. 955; Pub. L. 95–539, § 7, Oct. 28, 1978, 92 Stat. 2044; Pub. L. 110–406, § 6, Oct. 13, 2008, 122 Stat. 4292.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 9a(a) and 830 (R.S. § 983; Mar. 3, 1911, ch. 231, § 5a, as added Jan. 20, 1944, ch. 3, § 1, 58 Stat. 5). For distribution of other provisions of section 9a of title 28, U.S.C., 1940 ed., see table at end of reviser’s notes. Word ‘‘may’’ was substituted for ‘‘shall’’ before ‘‘tax as costs,’’ in view of Rule 54(d) of the Federal Rules of Civil Procedure, providing for allowance of costs to the prevailing party as of course ‘‘unless the court other- wise directs’’. Changes were made in phraseology. Editorial Notes AMENDMENTS 2008—Par. (2). Pub. L. 110–406, § 6(1), substituted ‘‘for printed or electronically recorded transcripts’’ for ‘‘of the court reporter for all or any part of the steno- graphic transcript’’. Par. (4). Pub. L. 110–406, § 6(2), substituted ‘‘the costs of making copies of any materials where the copies are’’ for ‘‘copies of papers’’. 1978—Par. (6). Pub. L. 95–539 added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–539 effective Oct. 28, 1978, see section 10(a) of Pub. L. 95–539, set out as a note under section 602 of this title. § 1921. United States marshal’s fees (a)(1) The United States marshals or deputy marshals shall routinely collect, and a court may tax as costs, fees for the following: (A) Serving a writ of possession, partition, execution, attachment in rem, or libel in ad- miralty, warrant, attachment, summons, com- plaints, or any other writ, order or process in any case or proceeding. (B) Serving a subpoena or summons for a witness or appraiser. (C) Forwarding any writ, order, or process to another judicial district for service. (D) The preparation of any notice of sale, proclamation in admiralty, or other public no- tice or bill of sale. (E) The keeping of attached property (in- cluding boats, vessels, or other property at- tached or libeled), actual expenses incurred, such as storage, moving, boat hire, or other special transportation, watchmen’s or keepers’ fees, insurance, and an hourly rate, including overtime, for each deputy marshal required for special services, such as guarding, inventorying, and moving. (F) Copies of writs or other papers furnished at the request of any party. (G) Necessary travel in serving or endeavor- ing to serve any process, writ, or order, except in the District of Columbia, with mileage to be computed from the place where service is re- turnable to the place of service or endeavor. (H) Overtime expenses incurred by deputy marshals in the course of serving or executing civil process. (2) The marshals shall collect, in advance, a deposit to cover the initial expenses for special services required under paragraph (1)(E), and pe- riodically thereafter such amounts as may be necessary to pay such expenses until the litiga- tion is concluded. This paragraph applies to all private litigants, including seamen proceeding pursuant to section 1916 of this title. (3) For purposes of paragraph (1)(G), if two or more services or endeavors, or if an endeavor and a service, are made in behalf of the same party in the same case on the same trip, mileage shall be computed to the place of service or en- deavor which is most remote from the place where service is returnable, adding thereto any additional mileage traveled in serving or en- deavoring to serve in behalf of the party. If two or more writs of any kind, required to be served in behalf of the same party on the same person in the same case or proceeding, may be served at the same time, mileage on only one such writ shall be collected. (b) The Attorney General shall from time to time prescribe by regulation the fees to be taxed and collected under subsection (a). Such fees shall, to the extent practicable, reflect the ac- tual and reasonable cost of the service provided. (c)(1) The United States Marshals Service shall collect a commission of 3 percent of the first $1,000 collected and 11⁄2 percent on the ex- cess of any sum over $1,000, for seizing or levying on property (including seizures in admiralty), disposing of such property by sale, setoff, or oth- erwise, and receiving and paying over money, except that the amount of commission shall be