The petitioner must pay the $450 docket fee to the clerk when the petition for review is filed. Under
LR 15.1, a petitioner may pay this fee electronically in accordance with the Court’s instructions posted on the Court’s website.
A petitioner who cannot afford to pay the fee must file in the Court a written motion for "in forma pauperis" (“IFP”) status. See
U.S.C. § 1915; FRAP
24. The motion must be filed within 14 days of filing the petition for review. See
The motion to proceed in forma pauperis must include the Court's
T-1080 motion information statement (see
Motions), a statement explaining the merit of the appeal, and Financial Affidavit
CJA-23. The motion must be served on all other parties in the case and a proof of service form must be submitted with the motion. The motion papers must be typed or legibly printed. A template for the motion and the form are
available on the Court’s website.
A motion for IFP status must include a statement that identifies each issue to be raised on appeal and with respect to each issue, the facts and reasons that demonstrate the issue’s merit. If the appellant fails to file the statement or if the Court determines the appeal is frivolous, the appeal may be dismissed.
If the appeal is dismissed or denied, the docket fee will not be refunded to appellant.
<< Return to Forms
and Instructions | How to appeal a case in
the Second Circuit | How to appeal an agency case
| Docket fee
Last modified at 1/11/2012