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 fees to be deposited in Judiciary Auto- mation Fund, see section 303 of Pub. L. 102–140, set out as a note under section 1913 of this title. § 1915. Proceedings in forma pauperis (a)(1) Subject to subsection (b), any court of the United States may authorize the commence- ment, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal there- in, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such pris- oner possesses that the person is unable to pay such fees or give security therefor. Such affi- davit shall state the nature of the action, de- fense or appeal and affiant’s belief that the per- son is entitled to redress. (2) A prisoner seeking to bring a civil action or appeal a judgment in a civil action or pro- ceeding 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 in- stitutional 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 pris- oner 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 pris- oner’s account; or (B) the average monthly balance in the pris- oner’s account for the 6-month period imme- diately 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 ac- count. The agency having custody of the pris- oner 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 fil- ing fees are paid. (3) In no event shall the filing fee collected ex- ceed 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 accord- ance with subsections (a) and (b) and the prepay- ment of any partial filing fee as may be required under subsection (b), the court may direct pay- ment 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 pro- ceedings before a United States magistrate judge in any civil or criminal case, if such tran- script 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 author- ized 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 por- tion 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 de- fendant 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 Page 484 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1915 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 steno- graphic transcript or printed record for the pre- vailing party, the same shall be taxed in favor of the United States. (2)(A) If the judgment against a prisoner in- cludes the payment of costs under this sub- section, 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 incar- cerated 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 friv- olous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical in- jury. (h) As used in this section, the term ‘‘pris- oner’’ means any person incarcerated or de- tained in any facility who is accused of, con- victed 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. (June 25, 1948, ch. 646, 62 Stat. 954; May 24, 1949, ch. 139, § 98, 63 Stat. 104; Oct. 31, 1951, ch. 655, § 51(b), (c), 65 Stat. 727; Pub. L. 86–320, Sept. 21, 1959, 73 Stat. 590; Pub. L. 96–82, § 6, Oct. 10, 1979, 93 Stat. 645; Pub. L. 101–650, title III, § 321, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104–134, title I, § 101[(a)] [title VIII, § 804(a), (c)–(e)], Apr. 26, 1996, 110 Stat. 1321, 1321–73 to 1321–75; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 28, U.S.C., 1940 ed., §§ 9a(c), (e), 832, 833, 834, 835, and 836 (July 20, 1892, ch. 209, §§ 1–5, 27 Stat. 252; June 25, 1910, ch. 435, 36 Stat. 866; Mar. 3, 1911, ch. 231, § 5a, as added Jan. 20, 1944, ch. 3, § 1, 58 Stat. 5; June 27, 1922, ch. 246, 42 Stat. 666; Jan. 31, 1928, ch. 14, § 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., § 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 Gen- eral was revised to substitute the Director of the Ad- ministrative 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. Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–134, § 101[(a)] [title VIII, § 804(a)(1)], designated first paragraph as par. (1), sub- stituted ‘‘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, § 101[(a)] [title VIII, § 804(a)(3)], added subsec. (b). Former subsec. (b) redes- ignated (c). Subsec. (c). Pub. L. 104–134, § 101[(a)] [title VIII, § 804(a)(2), (4)], redesignated subsec. (b) as (c) and sub- stituted ‘‘subsections (a) and (b) and the prepayment of any partial filing fee as may be required under sub- section (b)’’ for ‘‘subsection (a) of this section’’. Former subsec. (c) redesignated (d). Subsec. (d). Pub. L. 104–134, § 101[(a)] [title VIII, § 804(a)(2)], redesignated subsec. (c) as (d). Former sub- sec. (d) redesignated (e). Subsec. (e). Pub. L. 104–134, § 101[(a)] [title VIII, § 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 un- able 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, § 101[(a)] [title VIII, § 804(a)(2)], redes- ignated subsec. (d) as (e). Former subsec. (e) redesig- nated (f). Subsec. (f). Pub. L. 104–134, § 101[(a)] [title VIII, § 804(a)(2), (c)], redesignated subsec. (e) as (f), des- ignated existing provisions as par. (1) and substituted ‘‘proceedings’’ for ‘‘cases’’, and added par. (2). Subsec. (g). Pub. L. 104–134, § 101[(a)] [title VIII, § 804(d)], added subsec. (g). Subsec. (h). Pub. L. 104–134, § 101[(a)] [title VIII, § 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 tran- script of proceedings before a United States magistrate in any civil or criminal case, if such transcript is re- quired 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 re- quired by the appellate court, in the case of pro- ceedings conducted pursuant to section 636(c) of this title’’ and ‘‘Such expenses shall be paid when author- ized 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 ap- 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.