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Cabrera v. DOJ, No. 13-40022, 2013 WL 3815973 (5th Cir. 2013) (per curiam)

Re: Appellant's request to proceed in forma pauperis in his appeal of the district court's dismissal of his FOIA complaint Disposition: The Fifth Circuit dismisses plaintiff's appeal as frivolous
  • In Pauperis Status: The Fifth Circuit holds that "28 U.S.C. § 1915(a)(2) required [appellant], as the prisoner seeking to bring a civil action without prepaying the fees, to file a copy of the [inmate account] statement with the district court."  Appellant did not do so.  Appellant's "assertion that no filing fees were required because his complaint was in the nature of a § 2255 motion" was erroneous.  Appellant sought records under the FOIA, "which permits an individual to file a complaint in the district court to have a federal agency enjoined from withholding agency records and ordered to produce such records."  "Such a civil action generally requires a party to pay a filing fee of $350, 28 U.S.C. § 1914, or to proceed IFP [In Forma Pauperis] under the procedures set out in § 1915(a)."
Court of Appeals
In Forma Pauperis Status
Updated August 6, 2014