Handbook VI.A: When Permitted

(See Fed. R. App. P. 24; D.C. Cir. Rule 24.)

The district court and this Court are authorized by 28 U.S.C. § 1915 and Federal Rule of Appellate Procedure 24 to allow an appeal, civil or criminal, to be taken without payment of the docketing fee or costs by a non-incarcerated person who makes an affidavit of indigence. While an incarcerated litigant may also proceed in forma pauperis, in civil cases the prisoner will be required to pay the full amount of the filing fee — albeit in monthly installments. See 28 U.S.C. § 1915(b). Any non-incarcerated person who has been permitted to proceed in forma pauperis in the district court may proceed in forma pauperis in this Court, unless the district court finds and states in writing that the appeal is not taken in good faith, or that the party is otherwise not entitled to that status. A party who wishes to claim in forma pauperis status for the first time in this Court, or a prisoner who seeks to appeal in forma pauperis, must first apply to the district court and, if permission is granted, no further authorization from this Court is necessary. If that party is a prisoner, however, a fee will nonetheless be assessed by this Court.

If the district court denies permission to proceed on appeal in forma pauperis, or revokes in forma pauperis status previously granted in the district court, the party may, within 30 days of service of notice of the district court's action, move this Court for leave to proceed on appeal in forma pauperis. The filing of a new notice of appeal is not required. If the Court grants the motion, the docketing fee is waived for non-incarcerated parties but will be assessed for incarcerated parties in civil cases; if the Court denies the motion, the appellant must pay the docketing fee or the appeal will be dismissed.

A party to an administrative agency proceeding who wishes to take an appeal or file a petition for review in forma pauperis must file a motion with this Court for leave to so proceed.