In Forma Pauperis (IFP)

What It Is

In forma pauperis (IFP) literally means “in the manner of a pauper.” Under 28 U.S.C. § 1915, a person who cannot afford to pay the filing fee ($405 in federal district court as of 2024) can apply to proceed without prepayment.

How to Apply

File a motion for leave to proceed in forma pauperis along with your complaint. You’ll need to submit a financial affidavit disclosing:

• Your income (employment, benefits, any source)
• Your assets (bank accounts, property, vehicles)
• Your monthly expenses
• Your debts

The court reviews the affidavit and decides whether you qualify. There’s no hard income cutoff — the test is whether paying the fee would cause undue hardship.

What IFP Gets You

• No filing fee (or reduced fee)
• No service costs — the U.S. Marshals will serve your complaint on the defendants for free
• Appointed counsel — the court can request an attorney to represent you, but this is discretionary and uncommon in § 1983 cases

What IFP Triggers

IFP status triggers judicial screening under 28 U.S.C. § 1915(e)(2). The court must dismiss the case if it:

• Is frivolous or malicious
• Fails to state a claim
• Seeks monetary relief from a defendant who is immune

This screening happens before the defendant is even served. Your complaint has to survive the judge’s initial review, or it dies immediately.

The Practical Reality

IFP screening is a double-edged sword. On one hand, free filing is essential for pro se litigants who can’t afford $405. On the other hand, the screening requirement means a judge reviews your complaint with a critical eye before the case even starts — and many pro se complaints get dismissed at screening for failure to state a claim.

Write a strong complaint. The screening judge is your first audience.

Key Cases

• Neitzke v. Williams, 490 U.S. 319 (1989) — “Frivolous” under § 1915 means lacking an arguable basis in law or fact
• Denton v. Hernandez, 504 U.S. 25 (1992) — Factual frivolousness standard for IFP screening