Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I want to file this complaint In US District Court District…

Customer Question
I want to file this...
I want to file this complaint In US District Court District of Vermont, Did I sight the proper law against SandersSenator Bernie Sanders receives all email returns [email protected] gmail.com without my authorization in violation of 18 U.S.C. 2701 (a) 1-2 that enable him to run for President.
The plaintiff requests the court to appoint counsel under 28 U. S. Code 1915 – Proceedings in forma pauperis (a) (1)
Submitted: 8 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
9/25/2017
Lawyer: Ray, Lawyer replied 8 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,629
Experience: 30 years in civil, probate, real estate, elder law
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 8 months ago

Yes you did here to seek appointment of counsel for your case.Make sure you can prove up indigence too here.

Ask Your Own Legal Question
Lawyer: Ray, Lawyer replied 8 months ago

28 U.S. Code § 1915 - Proceedings in forma pauperis

prev | next

(a)(1)

Subject to subsection (b), any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affiant’s belief that the person is entitled to redress.

(2)

A prisoner seeking to bring a civil action or appeal a judgment in a civil action or proceeding without prepayment of fees or security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined.

(3)

An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith.

(b)(1) Notwithstanding subsection (a), if a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of—(A)

the average monthly deposits to the prisoner’s account; or

(B)

the average monthly balance in the prisoner’s account for the 6-month period immediately preceding the filing of the complaint or notice of appeal.

(2)

After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of 20 percent of the preceding month’s income credited to the prisoner’s account. The agency having custody of the prisoner shall forward payments from the prisoner’s account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid.

(3)

In no event shall the filing fee collected exceed the amount of fees permitted by statute for the commencement of a civil action or an appeal of a civil action or criminal judgment.

(4)

In no event shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.

(c)

Upon the filing of an affidavit in accordance with subsections (a) and (b) and the prepayment of any partial filing fee as may be required under subsection (b), the court may direct payment by the United States of the expenses of (1) printing the record on appeal in any civil or criminal case, if such printing is required by the appellate court; (2) preparing a transcript of proceedings before a United States magistrate judge in any civil or criminal case, if such transcript is required by the district court, in the case of proceedings conducted under section 636(b) of this title or under section 3401(b) of title 18, United States Code; and (3) printing the record on appeal if such printing is required by the appellate court, in the case of proceedings conducted pursuant to section 636(c) of this title. Such expenses shall be paid when authorized by the Director of the Administrative Office of the United States Courts.

(d)

The officers of the court shall issue and serve all process, and perform all duties in such cases. Witnesses shall attend as in other cases, and the same remedies shall be available as are provided for by law in other cases.

(e)(1)

The court may request an attorney to represent any person unable to afford counsel.

(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that—(A)

the allegation of poverty is untrue; or

(B) the action or appeal—(i)

is frivolous or malicious;

(ii)

fails to state a claim on which relief may be granted; or

(iii)

seeks monetary relief against a defendant who is immune from such relief.

(f)(1)

Judgment may be rendered for costs at the conclusion of the suit or action as in other proceedings, but the United States shall not be liable for any of the costs thus incurred. If the United States has paid the cost of a stenographic transcript or printed record for the prevailing party, the same shall be taxed in favor of the United States.

(2)(A)

If the judgment against a prisoner includes the payment of costs under this subsection, the prisoner shall be required to pay the full amount of the costs ordered.

(B)

The prisoner shall be required to make payments for costs under this subsection in the same manner as is provided for filing fees under subsection (a)(2).

(C)

In no event shall the costs collected exceed the amount of the costs ordered by the court.

(g)

In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.

(h)

As used in this section, the term “prisoner” means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or diversionary program.

Good luck here, thanks for rating 5 stars.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Ray Your Own Question
Ray
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,629
47,629 Satisfied Customers
Experience: 30 years in civil, probate, real estate, elder law

Ray is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
I need to know what the Nevada L2K, legal hold for psychiatric
I need to know what the Nevada L2K, legal hold for psychiatric evaluation law says. What the state can do and what are the individual's rights are concerning when and how they can legally go home on t… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
I just received a writ of execution. How can I get this judgement
I just received a writ of execution. How can I get this judgement lifted? I do not have the money to pay them. I never received the judgement in the mail. What do I do? I tried to contact them they to… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
Can my neighbor video tape my backyard wihout consent Can
Can my neighbor video tape my backyard wihout consent? Can he also have audio? He has both pointing a my propery. If it is illegal, who do I talk to. I live in East Lampeter Township,PA.… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
The clerk in Suffolk district court did not report
The clerk in Suffolk district court did not report disposition of a case to dmv which caused my abstract to be in felony status. I plan to sue under 1983 in Federal Court. Who would I name as the defe… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,855 satisfied customers
I am a pro se plaintiff in US District Court. Recently, it
I am a pro se plaintiff in US District Court. Recently, it was suggested that I sign all documents such as the Complaint with a pre-fix of "All rights reserved". Does such have any benefit or effect? … read more
Sean K
Sean K
Attorney/Member
JD
761 satisfied customers
I have filed a notice of appeal in the district court, now i
i have filed a notice of appeal in the district court, now i have to file it in topeka, ks. i need to make sure i get this done right . i am now pro se. have contacted the kansas bar assoc. to no avai… read more
LegalGems
LegalGems
Juris Doctorate
12,221 satisfied customers
I'm being sued in district court and have filed my answer.
Hi. I'm being sued in district court and have filed my answer. Now I want to file a countersuit. Can I file a countersuit after my original answer has been filed? … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
301 satisfied customers
I just got my letter from District Court they're trying to
I just got my letter from District Court they're trying to charge me with aggravated stalking… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
About evidences for civil district court. Can "character
Hi! About evidences for civil district court.Can "character evidence" be introduced at the day of trial, rather than the discovery period? I ask because the character evidences I have (text messages) … read more
Sean K
Sean K
Attorney/Member
JD
761 satisfied customers
I plan to sue in district court for tortious interference,
I plan to sue in district court for tortious interference, how much should I ask for? If it is too high, will the judge think it is a frivolous suit?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,083 satisfied customers
I have a US district court notice to appear for a violation
I have a US district court notice to appear for a violation of taking rocks from a national park. I am also getting a background check by a prospective employer. Will the violation show on my record p… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,059 satisfied customers
I was a bail bond agent (retired 7/1/2017) A district court
i was a bail bond agent (retired 7/1/2017) A district court waited 43 days after the defendant failed to appear. The court rules say the court "Shall" notify me-but does not give a time line. The dist… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
Texas Southern District Court - civil case... To appeal the
Texas Southern District Court - civil case... To appeal the declined decision for a court appointed attorney... 1. Fee waiver approved. 2. Letter from legal aid submitted.Thinking I'll add the list of… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,034 satisfied customers
I need to verify identity of C. ISLNwho claims to be a
I need to verify identity of Jason C. Scott ISLN###-##-####who claims to be a Special Agent for so called Department of Interagency Protection Bureau located in New York. I don't know how to check if … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,939 satisfied customers
I RECEIVED A "NOTICE OF ENTRY AND DOCKETING OF JUDGEMENT" LETTER
I RECEIVED A "NOTICE OF ENTRY AND DOCKETING OF JUDGEMENT" LETTER YESTERDAY 2/2/2012, IT SAYS THAT I WAS SERVED WITH A "SUMMONS & COMPLAINT" (WHICH I NEVER WAS) AND MORE THAN TWENTY DAYS HAVE ELAPSED A… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,176 satisfied customers
Can I file a restraining order without there being physical abuse
My husband and I are going through a really ugly divorce. He has never physically hurt me, but he has done damage to my apartment by letting his temper get out of hand and he has threatened to hit me … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,811 satisfied customers
what is the meaning of dca in court of appeals
what is the meaning of dca in court of appeals… read more
Lawdoctor
Lawdoctor
Attorney At Law
Doctoral Degree
1,396 satisfied customers
I received a delay prevention order from the district court about a old credit card debt a
I received a delay prevention order from the district court about a old credit card debt a debt collector is trying to collect. What does this order mean? And what should I do about it ? thanks for yo… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x