Addendum To Affidavit In Support To Proceed In Forma Pauperis | Pdf Fpdf Doc Docx | Official Federal Forms

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Addendum To Affidavit In Support To Proceed In Forma Pauperis | Pdf Fpdf Doc Docx | Official Federal Forms

Last updated: 11/8/2010

Addendum To Affidavit In Support To Proceed In Forma Pauperis

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Description

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. ADDENDUM TO AFFIDAVIT IN SUPPORT OF MOTION TO PROCEED IN FORMA PAUPERIS Notice to Litigant: The Prison Litigation Reform Act of 1995, effective April 26, 1996, has made significant changes to the in forma pauperis statute, 28 U.S.C. § 1915. The statute no longer provides for waiver of court filing or docketing fees for prisoners who are granted leave to proceed in forma pauperis. This applies to original proceedings and appeals from decisions in civil actions or proceedings. Once a prisoner has been granted leave to proceed in forma pauperis, the prisoner is obligated to pay the entire filing and/or docketing fee in the manner prescribed by statute, regardless of the outcome of the proceeding or appeal. Prisoners proceeding in forma pauperis are now required to pay an initial partial filing fee, and thereafter periodic payments will be made from the prisoner's institutional account until the entire fee has been paid. 28 U.S.C. §1915 (b)(1). If a prisoner does not have sufficient funds to pay the initial partial fee, the prisoner will not be prohibited from proceeding. Once there are sufficient funds in the prisoner's account, however, funds will be collected in the manner prescribed by the statute until the entire fee has been paid. 28 U.S.C. §1915 (b)(4). The obligation to pay the fees and any subsequent costs continues even if the prisoner is transferred or released from custody. Therefore, you should consider carefully whether you wish to go forward with an appeal or proceeding before you submit an affidavit in support of motion to proceed in forma pauperis to this Court. The Act has amended § 1915 to require that you submit an affidavit in support of motion to proceed in forma pauperis that includes a statement listing all of your assets. 28 U.S.C. § 1915(a)(1). Therefore, when completing the attached affidavit, you must include a complete listing of your assets. You also must complete the following certification: I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that I have the sum of $ in my prison account at (name of institution in which your are confined) . Applicant's Signature Rev. 9/97 American LegalNet, Inc. www.USCourtForms.com

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