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The Motion Onforma Paupris Michigan form is a crucial document designed for individuals seeking to proceed without the financial burden of court costs in specific legal contexts. It caters to incarcerated applicants filing habeas petitions, appeals related to habeas petitions, or motions under 28 U.S.C. § 2255, as well as nonprisoners initiating civil cases or appeals. This form requires the applicant to declare their inability to pay court fees and to provide detailed financial information to support their request. Key sections of the form include inquiries about employment status, sources of income over the past year, and any existing funds in various accounts. Additionally, applicants must disclose any valuable assets they may own and list dependents relying on their support. For nonprisoners, there is a specific request for service by the U.S. Marshal if the application is granted. In cases involving incarcerated individuals, a certification section must be completed by an authorized prison official, confirming the applicant's financial status within the institution. This comprehensive approach ensures that the court can fairly assess the applicant's financial situation and eligibility for fee waivers.

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MIED (Rev. 8/08) Application to Proceed In Forma Pauperis - Habeas Petitions, 2255 Motions and Nonprisoner Civil Cases

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

Plaintiff(s),

Case No.

v.

Judge

 

Magistrate Judge

Defendant(s).

 

 

/

APPLICATION TO PROCEED IN FORMA PAUPERIS

For use by incarcerated applicants filing habeas petitions or appeals from the denial or dismissal of habeas petitions or motions under 28 U.S.C. § 2255 and nonprisoners filing civil cases or appeals.

THIS APPLICATION IS FOR (check one):

Habeas Action

Motion Under 28 U.S.C. § 2255

Nonprisoner Action

New Case

Appeal

New Case

Appeal

 

Appeal

 

 

 

I,

petitioner/plaintiff/appellant

declare that I am the:

other

in the above-entitled proceeding. In support of my request to proceed in forma pauperis under 28 U.S.C. § 1915, I declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief sought.

In support of this application, I have provided answers to the following questions.

1.

Are you employed?

Yes

No

If your answer is yes, state the amount of your monthly pay and provide the name and address of your employer.

Salary:

Name of Employer:

Employer’s Address:

2.In the last 12 months, have you received money from any of the following sources?

a.

Business, profession or other self-employment

Yes

b.

Rent payments, interest or dividends

Yes

c.

Pensions, annuities or life insurance payments

Yes

d.

Gifts or inheritances

Yes

e.

Other sources

Yes

No

No

No

No

No

MIED (Rev. 8/08) Application to Proceed In Forma Pauperis - Habeas Petitions, 2255 Motions and Nonprisoner Civil Cases

If you answered yes to any of these questions, state the source of the money and the amount that you received.

Source:

Amount:

3.Do you have any money in a:

a.

Prison or jail account

Yes

b.

Checking account

Yes

c.

Savings account

Yes

If you answered yes, state the total amount. Amount:

No

No

No

4.Do you own or have any interest in real estate, stocks, bonds, notes, vehicles, or other valuable property or assets

(excluding ordinary household furnishings and clothing)?

Yes

No

If you answered yes, describe the property and state its approximate value.

 

Property description:

 

Value:

Property description:

 

Value:

5.List the people who are dependent on you for support, state your relationship to each person and how much you contribute to their support.

Relationship:

 

Amount:

Relationship:

 

Amount:

Relationship:

 

Amount:

Relationship:

 

Amount:

I declare under penalty of perjury that the foregoing is true and correct.

Date:

Signature of Applicant and Prisoner No. if applicable

Address (including name of Institution)

City, State, Zip Code

Telephone Number

REQUEST FOR SERVICE BY U.S. MARSHAL

For use only by nonprisoners filing new civil cases.

If my application to proceed In Forma Pauperis is granted:

a. I request service of the summons and complaint by a U.S. Marshal. Yes

No

Date:

Signature of Applicant

MIED (Rev. 8/08) Application to Proceed In Forma Pauperis - Habeas Petitions, 2255 Motions and Nonprisoner Civil Cases

CERTIFICATE

This section only applies to incarcerated applicants filing habeas petitions or appeals from the denial or dismissal of habeas petitions or

motions under 28 U.S.C. § 2255. (To be completed by an authorized prison official.)

I certify that the applicant named herein has the sum of $

 

on account to his/her

credit at (name of institution)

 

 

.

I further certify that the applicant has the following securities to his/her credit at this institution:

.

Date:

Signature and Title of Authorized Official

Name of Institution

➤ PDF File

Form Specifications

Fact Name Fact Description
Governing Law This form is governed by 28 U.S.C. § 1915, which allows individuals to file for in forma pauperis status.
Purpose The form is used by individuals seeking to waive court fees due to financial hardship.
Eligible Actions It applies to habeas petitions, 2255 motions, and nonprisoner civil cases.
Application Types Applicants must specify if they are filing a new case or an appeal.
Employment Disclosure Applicants must disclose their employment status and monthly salary, if applicable.
Financial Sources Questions regarding income from various sources, such as business or gifts, are included.
Asset Declaration Applicants must declare any money in accounts or ownership of valuable property.
Dependents The form requires listing dependents and contributions to their support.
Certification Requirement A certification section is included for incarcerated applicants, to be completed by a prison official.

Motion Onforma Paupris Michigan: Usage Guidelines

Filling out the Motion Onforma Paupris Michigan form is a crucial step in seeking permission to proceed without paying court fees. Follow these steps carefully to ensure all necessary information is provided accurately.

  1. Begin by entering the case number, plaintiff(s), and defendant(s) in the designated spaces at the top of the form.
  2. Select the type of application you are submitting by checking the appropriate box: Habeas Action, Motion Under 28 U.S.C. § 2255, or Nonprisoner Action.
  3. In the section where you declare your status, indicate whether you are the petitioner, plaintiff, or appellant.
  4. Answer the employment question. If you are employed, provide your monthly salary, name of employer, and employer's address.
  5. Respond to the questions regarding income sources over the last 12 months. If applicable, list the source and amount received for each source you answered "Yes".
  6. Indicate whether you have money in a prison or jail account, checking account, or savings account. If yes, state the total amount.
  7. Disclose any ownership or interest in valuable property or assets. If applicable, describe the property and provide its approximate value.
  8. List the individuals who depend on you for support. For each person, state your relationship and the amount you contribute to their support.
  9. Sign and date the application, and if applicable, include your prisoner number and address.
  10. If you are a nonprisoner filing a new civil case and wish to request service by a U.S. Marshal, check "Yes" or "No" and sign.
  11. For incarcerated applicants, the last section requires a prison official to complete the certificate, including the sum in your account and any securities.

Your Questions, Answered

What is the Motion Onforma Paupris Michigan form used for?

The Motion Onforma Paupris Michigan form is utilized by individuals who wish to request permission to proceed with legal actions without the burden of court fees. This includes incarcerated applicants filing habeas petitions, motions under 28 U.S.C. § 2255, and nonprisoners initiating civil cases or appeals. The form is essential for those who cannot afford the associated costs of legal proceedings.

Who can use this form?

This form can be used by two main categories of applicants: incarcerated individuals seeking to file habeas petitions or appeals related to those petitions, and nonprisoners who are filing civil cases or appeals. It is crucial that applicants demonstrate their inability to pay court fees in order to qualify for in forma pauperis status.

What information must I provide on the form?

The form requires applicants to disclose various financial details, including employment status, sources of income over the past year, any existing bank accounts, and ownership of valuable property. Additionally, applicants must list any dependents and the amount of financial support they provide to each. This information helps the court assess the applicant's financial situation.

What happens if my application is approved?

If your application is granted, you will be allowed to proceed with your legal case without paying the usual court fees. For nonprisoners, this may also include a request for service of documents by a U.S. Marshal, ensuring that your case is properly initiated without additional costs.

What if my application is denied?

If your application to proceed in forma pauperis is denied, you will be required to pay the applicable court fees in order to continue with your case. You may also have the option to appeal the denial, depending on the specific circumstances surrounding your financial situation and the court's decision.

Is there a deadline for submitting this form?

Can I fill out the form if I am not currently incarcerated?

Yes, nonprisoners can also fill out this form. The in forma pauperis application is designed to assist anyone who cannot afford the costs associated with filing a civil case or appeal, regardless of their incarceration status.

What should I do if I need help completing the form?

If you require assistance in completing the Motion Onforma Paupris Michigan form, consider reaching out to legal aid organizations or community resources. They can provide guidance and support to ensure that your application is filled out accurately and thoroughly.

What is the significance of the certification section for incarcerated applicants?

The certification section is crucial for incarcerated applicants, as it must be completed by an authorized prison official. This certification verifies the applicant's financial status, including the amount of money available in their prison account. It helps establish credibility in the application for in forma pauperis status.

Common mistakes

  1. Incomplete Information: Many applicants fail to provide all the required details. This includes not filling out their employment status, income sources, or financial accounts accurately. Incomplete forms can lead to delays in processing.

  2. Incorrectly Checking the Box: Applicants sometimes check the wrong box regarding the type of application they are submitting. It is crucial to select the correct option, whether it’s for a habeas action or a nonprisoner civil case.

  3. Not Reporting All Income: Some individuals do not disclose all sources of income. This can include money from self-employment, gifts, or other financial support. Omitting this information can affect the outcome of the application.

  4. Missing Signatures: A common mistake is forgetting to sign the application. Without a signature, the application cannot be processed. Ensure all required signatures are present before submission.

Documents used along the form

The Motion In Forma Pauperis form is an essential document for individuals seeking to waive court fees due to financial hardship. When filing this motion, several other forms and documents may also be required to support the application or facilitate the legal process. Below is a list of commonly used documents in conjunction with the Motion In Forma Pauperis in Michigan.

  • Complaint or Petition: This document outlines the plaintiff's claims against the defendant. It is the foundational document that initiates a lawsuit.
  • Summons: A summons notifies the defendant that a lawsuit has been filed against them and provides instructions on how to respond.
  • Affidavit of Service: This form confirms that the defendant has been properly served with the complaint and summons, ensuring that the court has jurisdiction over the defendant.
  • Financial Affidavit: This document provides detailed information about the applicant's financial situation, including income, expenses, and assets, further supporting the request to proceed in forma pauperis.
  • Certificate of Inmate Account: For incarcerated applicants, this form certifies the amount of money available in their prison or jail account, which is crucial for determining eligibility for fee waivers.
  • Notice of Appeal: If a party wishes to appeal a decision, this document formally initiates the appeal process and must be filed within a specified time frame.
  • Request for Service by U.S. Marshal: This request is used by nonprisoners to ask the U.S. Marshal to serve legal documents if their application to proceed in forma pauperis is granted.
  • Proposed Order: This document outlines the relief sought from the court and is submitted for the judge's approval, often accompanying motions or requests.

Understanding these additional forms can help streamline the legal process and ensure that all necessary information is presented to the court. Properly completing and submitting these documents can significantly impact the outcome of a case.

Similar forms

The Motion Onforma Paupris Michigan form is used by individuals seeking to proceed without the financial burden of court fees. Several other documents serve similar purposes in different contexts. Below is a list of seven documents that share similarities with the Motion Onforma Paupris Michigan form:

  • Application to Proceed In Forma Pauperis (IFP) in Civil Cases: This document allows individuals in civil cases to request a waiver of court fees based on financial hardship, similar to the Motion Onforma Paupris form.
  • Application for Leave to Appeal In Forma Pauperis: Used by individuals who wish to appeal a court decision without incurring costs, this application assesses the applicant's financial status, mirroring the information required in the Motion Onforma Paupris form.
  • Affidavit of Indigency: This affidavit is a sworn statement that verifies an individual's inability to pay court fees. It serves the same purpose as the financial disclosures in the Motion Onforma Paupris form.
  • Financial Affidavit for Child Support: Similar in nature, this document requires individuals to disclose their financial information to establish child support obligations, paralleling the financial inquiries in the Motion Onforma Paupris form.
  • Application for a Fee Waiver in Bankruptcy Cases: This application allows individuals filing for bankruptcy to waive filing fees based on their financial situation, akin to the Motion Onforma Paupris form's intent.
  • Request for Waiver of Fees in Family Law Cases: This document enables individuals involved in family law proceedings to seek a waiver of fees, reflecting the same financial assessment process as the Motion Onforma Paupris form.
  • Petition for Waiver of Filing Fees in Immigration Cases: Used by applicants in immigration matters, this petition assesses financial eligibility for fee waivers, similar to the Motion Onforma Paupris form's requirements.

Dos and Don'ts

When filling out the Motion Onforma Pauperis form for Michigan, there are important guidelines to follow. Here’s a list of things you should and shouldn't do:

  • Do read the entire form carefully before starting. Understanding what is required will help you avoid mistakes.
  • Do provide accurate information regarding your financial situation. Honesty is crucial, as any discrepancies can delay your application.
  • Do check the appropriate box for the type of application you are submitting. This ensures your request is processed correctly.
  • Do list all sources of income, even if they seem minor. Every detail counts in determining your eligibility.
  • Don't leave any sections blank. If a question does not apply to you, indicate that clearly rather than skipping it.
  • Don't forget to sign and date the application. An unsigned form will not be accepted.
  • Don't submit the form without reviewing it for errors. A final check can save you time and frustration later.

Misconceptions

Misconceptions about the Motion Onforma Paupris Michigan form can lead to confusion and hinder the application process. Here are six common misunderstandings:

  • Only prisoners can use this form. Many believe this application is exclusive to incarcerated individuals. However, it is also available for nonprisoners filing civil cases.
  • Filing in forma pauperis means you don’t have to pay anything. While this status allows individuals to proceed without paying court fees upfront, applicants may still be responsible for costs later, depending on the outcome of their case.
  • You must have zero income to qualify. Some think that any income disqualifies them from using the form. In reality, the court considers your overall financial situation, including expenses and dependents.
  • The form is only for certain types of cases. Many assume it can only be used for habeas petitions or 2255 motions. In fact, it is applicable for a range of civil cases as well.
  • Providing financial information is optional. Some applicants believe they can skip this section. However, disclosing financial details is crucial for the court to evaluate eligibility.
  • Approval of the application guarantees a favorable outcome. Many applicants mistakenly think that being granted in forma pauperis status ensures their case will succeed. The approval simply allows the case to proceed without upfront fees; it does not influence the merits of the case itself.

Understanding these misconceptions is vital for anyone considering filing this application. Clarity can help navigate the complexities of the legal system more effectively.

Key takeaways

When filling out the Motion Onforma Paupris Michigan form, consider these key takeaways:

  • Purpose of the Form: This form is intended for those who cannot afford court costs, including incarcerated individuals filing habeas petitions or nonprisoners filing civil cases.
  • Eligibility: You must declare your inability to pay the costs associated with your legal action to qualify for in forma pauperis status.
  • Employment Information: Clearly state your employment status, including monthly salary and employer details if applicable.
  • Financial Sources: Be prepared to disclose any income received from various sources over the past year, such as business income or gifts.
  • Assets Disclosure: If you own any valuable property, including real estate or vehicles, you must describe these assets and their estimated value.
  • Dependents: List any individuals who rely on you for financial support, detailing your relationship and the amount you contribute.
  • Signature Requirement: Ensure you sign the application, as it must be verified under penalty of perjury for it to be valid.
  • Request for Service: If you are a nonprisoner and your application is approved, you can request that a U.S. Marshal serve your summons and complaint.

Following these guidelines will help streamline the process and improve your chances of approval for in forma pauperis status.