Summary
The United States District Court for the District of Massachusetts held that a party seeking to proceed in forma pauperis must disclose financial information and submit the required affidavit. The court ordered Joseph Zito either to pay the filing fee or file a completed and signed in forma pauperis application within 21 days, warning that failure to do so would result in dismissal without prejudice.
Topics
Practice areas
Questions Presented
- Whether the court may require a person seeking to proceed in forma pauperis to disclose financial information and submit an affidavit concerning assets and inability to pay.
- Whether the reference to a 'prisoner' in 28 U.S.C. § 1915(a)(1) limits the affidavit requirement to prisoners.
Holdings
- A person seeking to proceed in forma pauperis in a civil action must submit the required financial statement or affidavit demonstrating inability to pay, and the court may require that disclosure before granting in forma pauperis status.
- The affidavit requirement in § 1915(a)(1) applies to all persons seeking leave to proceed in forma pauperis, not only prisoners; the statute's reference to 'such prisoner' is a typographical error.
Key quotations
“Subject to some exceptions not factually relevant here, proceeding in forma pauperis in a civil action is a privilege, not a right”
“The use of the word “prisoner” in 28 U.S.C. 1915(a)(1) appears to be a typographical error.”
Factual background
Joseph Zito, proceeding pro se, sought to proceed in the civil action without prepaying the filing fee. He objected to the court's requirement that he disclose financial information in support of that request. The court concluded that the disclosure was required and gave him the choice of paying the $405 filing fee or submitting a completed financial application.
Procedural history
The court had directed Zito to provide financial information as part of an application to proceed without prepaying fees or costs. Zito filed a preliminary ex parte objection challenging that requirement. The court rejected the objection and ordered him either to pay the $405 filing fee or submit a completed and signed in forma pauperis application within twenty-one days, warning that failure to comply would result in dismissal without prejudice.