Jay Hymas, dba Dosmen Farms v. Department of the Interior

Congress has determined that individuals should not be denied access to federal court based on their economic circumstances. To effectuate that important policy, Congress enacted 28 U.S.C. § 1915(a)(1), which governs in forma pauperis applications for all litigants. The statute provides in relevant part: “Subject to subsection (b), any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor.” Does 28 U.S.C. § 1915(a)(1) grant district courts authority to set a partial filing fee for in forma pauperis litigants, as the Ninth Circuit below and the Sixth and Seventh Circuits have held, or only to waive prepayment of litigation fees in full as the Fifth Circuit has held?