28 USC 1915 – In Forma Pauperis

Some have claimed that the Court’s reliance on 28 USC 1915 is inappropriate when it does not involve a prisoner. However, the facts are that the courts have long since addressed this.
28 U.S.C. § 1915(a)(1). The statute requires that a person seeking in forma pauperis status submit an affidavit including a statement of his or her assets. While the statute refers to “all assets such prisoner possesses,” courts have “reviewed the legislative history . . ., applied the basic axioms of statutory interpretation, and used a little common sense” to find that Congress’s use of the word “prisoner” in this provision was a typographical error.
Floyd v. U.S. Postal Serv., 105 F.3d 274, 275 (6th Cir. 1997), quoted in Jones v. N. Atl. Treaty Org.
, 1998 WL 136511, at *1 (E.D. Pa. 1998). Following Sixth Circuit’s reasoning in Floyd, the Eastern District of Pennsylvania applies the affidavit requirement to nonprisoner litigants. Jones , 1998 WL 136511, at *1.