If you cannot afford to pay the fees, you may file a motion to proceed without payment of fees, called a motion to proceed in forma pauperis. A financial affidavit, including a statement by you swearing under penalty of perjury that you do not have enough money or other assets to pay the fees, must be included with your motion. (See Forms at the end of this document)
If you do not pay the filing fees or file a motion to proceed in forma pauperis, your case will be dismissed. 11th Cir. R. 42-1(b).
■ the action or appeal –
o fails to state a claim on which relief may be granted, or
o seeks monetary relief against a defendant who is immune from such relief
• If you are incarcerated, the Court will notify you of your obligations under this statute [28 U.S.C. § 1915(b)] and will require you to complete and return an authorization form to allow prison officials to deduct the funds from your account on a monthly basis.
• All litigants proceeding in forma pauperis still have to pay for other expenses of their appeal, including copying and mailing. FRAP 39.
• If you were permitted to proceed in forma pauperis in the District Court, you need not file a motion in this Court. FRAP 24(a). You will still be obliged to pay the fees under 28 U.S.C. § 1915(b) in civil appeals if you are incarcerated.
• If at any time the District Court has found you are not entitled to in forma pauperis status, or that your appeal is not taken in good faith, you must file a motion to proceed in forma pauperis with this Court or pay the filing and docketing fees.
