Can an indigent litigant proceed without prepayment of his fees?
MultiRegion, United States of America
The following excerpt is from Pillco v. Sessions, 16-4284 (2nd Cir. 2017):
Under 28 U.S.C. 1915, a court may allow a petition to proceed without prepayment of fees by an indigent litigant who submits an affidavit of his financial assets and inability to pay the fees. 28 U.S.C. 1915(a)(1). The court, however, "shall dismiss the case at any time if the court determines that . . . the action or appeal is frivolous." 28 U.S.C. 1915(e)(2)(B)(i). An action is frivolous in this context if it has no arguable basis in law or fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989).
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