When a pro se incarcerated person files an appeal from a
district court order or judgment in a case that raises a civil
rights claim, the appeal proceeds in this Court as a pro se
civil appeal. The instructions for a pro se appeal and civil
appeal, along with the necessary forms and samples of motions,
briefs, and appendices will be mailed to the appellant and can
also be found on the Court’s website.
NOTICE OF APPEAL
A notice of appeal must be filed: (1) within 30 days after the
entry of the district court’s judgment except when the United
States or its officer or agency is a party, the appeal must be
filed within 60 days. See FRAP
4(a)(1)(A),(B).
PRISONER AUTHORIZATION FORM
As an incarcerated person, the appellant must file a Prisoner
Authorization Form as part of a motion for IFP status. The
instructions for filing an IFP motion are set forth in Section
A(2) of these instructions. The appellant must complete the
Prisoner Authorization Form and send it to the Court, which
forwards the form to the prison superintendent of the
correctional facility where the prisoner is currently housed.
The form directs the prison authorities to send to the Court
certified copies of the appellant’s prison trust fund account
statements, or the equivalent, for the past 6 months. See 28
U.S.C. § 1915(a), (b). By signing the form, the prisoner
consents to the monthly deduction of funds from the account
until the filing fee and other amounts directed by this Court
are paid. The form is posted on this Court’s website and is
included in the packet of information mailed to the appellant.
FILING FEE
The appellant must pay the $450 filing fee, plus a $5.00
processing fee, to the Clerk of the district court when the
Notice of Appeal is filed.
Even if IFP status is granted, the appellant must pay the
filing fee, which is deducted monthly from the prisoner trust
fund account. If IFP is denied, in addition to the filing fee
the Court of Appeals may direct that other amounts related to
the cost of the appeal be deducted from the prisoner’s trust
fund account.
If the appeal is dismissed or denied, the docket fee will not
be refunded to the appellant. If the appellant is paying the
filing fee in monthly installments from the prisoner trust
fund account, the deductions will continue until the fee is
paid in full.
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and Instructions | How to appeal a case in
the Second Circuit | How to file a habeas corpus petition
| Appeals that raise civil rights claims
Last modified at 12/20/2010
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