Jay Hymas, dba Dosmen Farms v. Department of the Interior
Congress has determined that individuals should
not be denied access to federal court based on their
economic circumstances. To effectuate that important
policy, Congress enacted 28 U.S.C. § 1915(a)(1), which
governs in forma pauperis applications for all litigants. The statute provides in relevant part:
"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."
Does 28 U.S.C. § 1915(a)(1) grant district courts
authority to set a partial filing fee for in forma pauperis litigants, as the Ninth Circuit below and the
Sixth and Seventh Circuits have held, or only to waive
prepayment of litigation fees in full as the Fifth Circuit has held?
Does 28 U.S.C. § 1915(a)(1) grant district courts authority to set a partial filing fee for in forma pauperis litigants, as the Ninth Circuit below and the Sixth and Seventh Circuits have held, or only to waive prepayment of litigation fees in full as the Fifth Circuit has held?