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Home | Case-Filing | Appealing a Case in the Second Circuit | How to File a Habeas Corpus Petition

Appeals that raise civil rights claims

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.




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).




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.




The appellant must pay the $500 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.



Last modified at 12/1/2013