ITEM 3 | PAYMENT OF FEES
For appeals from the District Court, the docketing and filing fees are paid at the District Court where the notice of appeal was filed.
If you cannot afford to pay the fees, you may file a motion to proceed without payment of fees, called a motion to proceed in forma pauperis. A financial affidavit, including a statement by you swearing under penalty of perjury that you do not have enough money or other assets to pay the fees, must be included with your motion. (See Forms at the end of this document)
If you do not pay the filing fees or file a motion to proceed in forma pauperis, your case will be dismissed. 11th Cir. R. 42-1(b).
• The motion to proceed in forma pauperis may be denied if the Court determines that –
■ the allegation of poverty is untrue; or
■ the action or appeal –
o is frivolous or malicious,
o fails to state a claim on which relief may be granted, or
o seeks monetary relief against a defendant who is immune from such relief
If the motion is denied, you must pay the fees or your case will be dismissed. FRAP 24.
• If your motion to proceed in forma pauperis is granted, you do not need to pay the filing fees, unless you are a prisoner in a civil (non-habeas corpus) appeal, in which case you will be required to pay the entire $505.00 filing and docketing fee when funds exist in your prison account. 28 U.S.C. § 1915(b).
• If you are incarcerated, the Court will notify you of your obligations under this statute [28 U.S.C. § 1915(b)] and will require you to complete and return an authorization form to allow prison officials to deduct the funds from your account on a monthly basis.
• All litigants proceeding in forma pauperis still have to pay for other expenses of their appeal, including copying and mailing. FRAP 39.
• If you were permitted to proceed in forma pauperis in the District Court, you need not file a motion in this Court. FRAP 24(a). You will still be obliged to pay the fees under 28 U.S.C. § 1915(b) in civil appeals if you are incarcerated.
• If at any time the District Court has found you are not entitled to in forma pauperis status, or that your appeal is not taken in good faith, you must file a motion to proceed in forma pauperis with this Court or pay the filing and docketing fees.
Congratulations! You're now booked up
on Item 3 from the 11th Circuit Court of Appeals' Pro Se Handbook!
Please get the justice you deserve.