Court policies re IFP qualification

Dear Fifth Circuit Court of Appeals:

5th Cir. R. 27.1.17, <http://www.ca5.uscourts.gov/docs/default-source/forms-and-documents---clerks-office/rules/5thcir-iop>, provides that court clerks may both grant and deny IFP motions.

Since clerks have no Article III authority, and it would be improper for them to be vested to exercise discretion, the court must have a policy or other statement of the standards by which a person qualifies for IFP status.

I hereby request all documents setting forth the circumstances under which a clerk of the Fifth Circuit is to grant an IFP motion, deny an IFP motion, or to forward an IFP motion to a judge, pursuant to 5th Cir. R. 27.1.17.

I recognize that the judiciary is not covered by the Freedom of Information Act.

This request is made pursuant to the Rules Enabling Act and Judicial Improvements and Access to Justice Act, 28 U.S. Code §§ 332(d)(1), 2071(b), 2071(d), and 2077(a) (requiring publication of all "rules" and "operating procedures"); and the Judiciary's internal policies which provide for access to records in a way similar to the Freedom of Information Act.

I am partially blind. I request that you make all responses by email, and provide records in their original, native electronic format if you have an electronic copy, and by a PDF scan if you only have the records in paper format.

This request is made on behalf of both myself, Sai (in personal capacity) and Fiat Fiendum, Inc. (in official capacity). Fiat Fiendum is a 501(c)(3) nonprofit organization whose purposes include promotion of transparency in laws and research on topics related to the judiciary.

Please note that “Sai” is my full legal name. I am agender.

For any documents too large to send by email, there is an upload link below. There is also a physical address below. Please do not physically mail any responses without my explicit request; instead, send everything by email or by upload to the link below.

Sincerely,
Sai
President, Fiat Fiendum, Inc.

Thank you for your response.

Yes, I am aware that 5th Cir. R. 27.1.17 allows a clerk to rule on FRAP 24 IFP motions.

However, it does not give standards for what does or does not qualify for IFP status. The clerk's office must have an internal operating procedure policy that specifies this, e.g. listing thresholds of income or assets, or other circumstances, that qualify or disqualify a person for IFP status.

It is that, unpublished, policy which I have requested.

Sincerely,
Sai