Handbook VI.B: District Court Dismissal of Suits Brought in Forma Pauperis
D.C. Circuit Rules — Handbook, Part VI. Appeals in Forma Pauperis and Pursuant to the Criminal Justice Act; Appointment of Counsel
Under 28 U.S.C. § 1915(e), the district court must dismiss a civil suit in which the plaintiff seeks to proceed in forma pauperis if the court concludes that the action is "frivolous or malicious." See Denton v. Hernandez, 504 U.S. 25 (1992) (discussing the "frivolous or malicious" standard).
In Sills v. Bureau of Prisons, 761 F.2d 792 (D.C. Cir. 1985), this Court established procedures to be followed by the district court in dismissing a complaint under § 1915 in order to facilitate appellate review. The district court must provide a clear statement of reasons for its conclusion that the suit is frivolous or malicious, and the court also should revoke the plaintiff's in forma pauperis status when it dismisses the complaint. This latter procedure permits this Court to evaluate the correctness of the § 1915(e) dismissal in the context of ruling on appellant's motion to proceed in forma pauperis on appeal.