Pro Se Handbook
– 4th Circuit Court of Appeals –
Volume 2 Chapter 2
Appeal Fees and Indigent Status
ITEM 2.2.01 | FEE PAYMENTS
ITEM 2.2.02 | CRIMINAL APPEALS & CRIMINAL JUSTICE ACT STATUS
If the fee is not paid upon filing of the notice of appeal, the court of appeals notifies appellant when a criminal appeal is docketed that the fee must be paid to the district court or a CJA 23 application must be filed in the court of appeals.
ITEM 2.2.03 | PRISONER CIVIL APPEALS & PRISON LITIGATION REFORM ACT STATUS
These procedures apply to civil appeals filed by persons detained or incarcerated after accusation of or conviction for violations of criminal law, but do not apply to appeals in 28 U.S.C. § 2241, 2254, 2255, or other cases attacking the criminal conviction.
The court of appeals assesses an initial partial filing fee of twenty percent of the greater of the average monthly deposits to the prisoner's account or the average monthly balance in the prisoner's account for the six-month period immediately preceding the filing of the notice of appeal. After payment of the initial partial fee, the custodian at the prisoner's institution must withhold twenty percent of the preceding month's income credited to the prisoner's account and forward payments from the account to the clerk of the district court each time the amount in the account exceeds $10 until the $605 fee is paid in full. 28 U.S.C. § 1915(b)(1); Local Rule 24. Collection of fees in multiple cases is simultaneous, not sequential. Bruce v. Samuels, 136 S. Ct. 627 (2016).
A prisoner will not be allowed to proceed without the full prepayment of the fee in a civil case if, on three or more prior occasions while incarcerated in any facility, the prisoner has brought an action or appeal in federal court that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief could be granted unless the prisoner is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g); Local Rule 24.
ITEM 2.2.04 | CIVIL APPEALS & IN FORMA PAUPERIS STATUS
If the appellant proceeded in forma pauperis (or CJA) below and the district court has not withdrawn its finding of indigent status or found that the appeal is not taken in good faith, appellant's in forma pauperis status continues on appeal. 28 U.S.C. § 1915(a); Fed. R. App. P. 24(a). Otherwise, appellant must file an application to proceed in forma pauperis on appeal.
The court of appeals notifies appellant when the appeal is docketed that an application to proceed in forma pauperis must be filed in the court of appeals unless appellant has paid the fee to the district court or been granted leave to proceed in forma pauperis by the district court.
ITEM 2.2.05 | PETITIONS FOR PERMISSION TO APPEAL
ITEM 2.2.06 | PETITIONS FOR REVIEW OF AGENCY ACTION
ITEM 2.2.07 | TAX COURT APPEALS
ITEM 2.2.08 | PETITIONS FOR MANDAMUS, PROHIBITION & EXTRAORDINARY RELIEF
ITEM 2.2.09 | PRISONER PETITIONS FOR MANDAMUS, PROHIBITION & EXTRAORDINARY RELIEF
ITEM 2.2.10 | MOTIONS FOR AUTHORIZATION TO FILE SUCCESSIVE HABEAS CORPUS APPLICATIONS
Use these in conjunction with the United States Pro Se Handbook!
You might need to reference it during your pursuit of justice.
For instance, you might need to examine one of these passages in order to protect yourself from organizations/judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
Nevertheless – and as always – please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
