Darrell Prows & Arthur John Woods, Jr. v. Warden D.C. Kastner, 842 F.2d 138 (5th Cir. 1988). · Go Syfert
Darrell Prows & Arthur John Woods, Jr. v. Warden D.C. Kastner, 842 F.2d 138 (5th Cir. 1988). Cases Citing This Book View Copy Cite
358 citation events (346 in the last 25 years) across 13 distinct courts.
Strongest positive: Lozoya v. Commissioner of Social Security (txwd, 2025-02-26)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Lozoya v. Commissioner of Social Security (3×) also: Cited as authority (rule), Cited "see"
W.D. Tex. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
a district court may order users of the courts to pay a portion of the filing fees when they are financially able to do so.
cited Cited as authority (rule) Angelia Smith and Kelvin Smith v. Microtel Inns and Suites Franchising, Inc.
S.D. Miss. · 2026 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Jessie Brandon Kelly v. Commissioner of Social Security
S.D. Miss. · 2026 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) BRADLEY JOSEPH LAWRENCE SAVOY v. CAESAR’S ENTERTAINMENT, INC., ET AL.
E.D. La. · 2026 · confidence medium
Statutorily Mandated Review There exists no absolute right to proceed in forma pauperis in federal civil matters; instead, it is a privilege extended to those unable to pay filing fees when it is apparent that the claims do not lack merit on their face.8 Section 1915(e)(2)(B) grants the court authority to summarily dismiss in forma pauperis complaints if the asserted claims are frivolous or malicious or fail to state a claim upon which relief may be granted.9 Indeed, the statute specifically mandates that the court “must sua sponte dismiss [the case] at any time if it determines that the act…
cited Cited as authority (rule) Brandy Rose Jones v. Jackson Public School District
S.D. Miss. · 2026 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Tanisha Richard v. CDI Products LLC
S.D. Tex. · 2026 · confidence medium
Tex. June 29, 2022) (citing Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988)), R. & R. adopted, 2022 WL 18110176 (W.D.
cited Cited as authority (rule) Jennifer Rincon v. Genaro James Prieto
S.D. Tex. · 2026 · confidence medium
Tex. June 29, 2022) (citing Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988)), R. & R. adopted, 2022 WL 18110176 (W.D.
discussed Cited as authority (rule) Augustina Pryce v. AIDS Healthcare Foundation (2×)
N.D. Tex. · 2026 · confidence medium
The Court must then examine the financial condition of the applicant in order to determine whether the payment of fees would “cause undue financial hardship.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Vance Scott Senior v. Woodruff Camus, et al.
E.D. La. · 2026 · confidence medium
He does not indicate whether, and to what extent if any, he has any monthly expenses. 1 28 U.S.C. § 1915 (a)(1). 2 Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988). 3 Id. 4 Courts consider social security payments in making the in-forma-pauperis determination.
discussed Cited as authority (rule) Vance Scott Senior v. St. Charles Parish, et al.
E.D. La. · 2026 · confidence medium
In Forma Pauperis Standard for Authorization to Proceed Without Payment A court may authorize the commencement of a civil action without the prepayment of fees or costs “by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor.”1 Section 1915(a) “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay statutory filing fees.”2 Courts assess plaintiff’s financial ability after considering whether 1 28 U.S.C. § 1915 (a)(1). 2 Pr…
discussed Cited as authority (rule) Bank of America, N.A. v. Ztar Mobile, Inc. and Kevin T. Haddad, LLC
N.D. Tex. · 2026 · confidence medium
The Court must then examine the financial condition of the applicant to determine whether the payment of fees would “cause undue financial hardship.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Ulrich Romaric Kocou Fiossi v. Federal Bureau of Investigation (2×) also: Cited "see"
N.D. Tex. · 2026 · confidence medium
LEGAL STANDARDS AND ANALYSIS Under 28 U.S.C. § 1915 (a)(1), a federal district court may authorize a person to bring a civil action in forma pauperis (“IFP”) when he submits an affidavit establishing his financial inability to pay or give security for applicable court fees “without suffering undue financial hardship.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Bridget Wilson v. Experian
S.D. Miss. · 2026 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Joseph Cooper v. Matt Leirstein
W.D. Mich. · 2026 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Moath Benyamen Youse Asfour v. Uber Technologies Inc.
W.D. Tex. · 2026 · confidence medium
Section 1915(a) “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay . . . statutory filing costs.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Michael Cliffton Merkle v. David E. Gilbert et al.
W.D. Mich. · 2026 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Michael Clifton Merkle v. David E. Gilbert et al.
W.D. Mich. · 2026 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Raychelle Marie Harris v. Mike Tregre, et al.
E.D. La. · 2025 · confidence medium
Instead, it is a privilege extended to those unable to pay filing fees when it is apparent 1 28 U.S.C. § 1915 (a)(1). 2 Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988); 28 U.S.C. § 1915 (a). 3 Prows, 842 F.2d at 140 (citing Smith v. Martinez, 706 F.2d 572 (5th Cir. 1983)). 4 Id. that the claims do not lack merit on their face.5 Section 1915(e)(2)(B) grants the Court authority to summarily dismiss in forma pauperis complaints if the asserted claims are frivolous or malicious or fail to state a claim upon which relief may be granted.6 Indeed, the statute specifically mandates that the cour…
cited Cited as authority (rule) Carlos Andres Sanchez v. James Corrigan
W.D. Mich. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Welsh v. Weston
5th Cir. · 2025 · confidence medium
See Lewis v. Casey, 518 U.S. 343 , 351–52 (1996); Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988); Day v. Allstate Ins.
discussed Cited as authority (rule) Thomas Calvin Turner and Minor Child v. Meridian Public School District Office, et al.
S.D. Miss. · 2025 · confidence medium
In assessing an IFP motion, the Court “must examine the financial condition of the . . . applicant” and determine whether payment of the filing fee “causes undue financial hardship.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Keisha Ann Jacquet v. Dorrance Publishing Company, Et Al.
E.D. La. · 2025 · confidence medium
This in forma pauperis status is granted subject 1 28 U.S.C. § 1915 (a)(1). 2 Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988). 3 Id. 4 Courts consider social security payments in making the in-forma-pauperis determination.
discussed Cited as authority (rule) Anthony Green, Jr. v. Frank Bisignano, Commissioner of the Social Security Administration
W.D. Tex. · 2025 · confidence medium
The federal in forma pauperis statute, 28 U.S.C. § 1915 , “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay any part of the statutory filing [fees].” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Elijah Harris v. Dallas Police Department
N.D. Tex. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Ngozi Paula Ejim v. Okapi Environmental Services, LLC
W.D. Tex. · 2025 · confidence medium
Dkt. 4. resources to pay statutory filing costs.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Michele Hill v. Southern Methodist University
N.D. Tex. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Deietra Bolden v. U.S. Department of Housing and Urban Development
S.D. Tex. · 2025 · confidence medium
Du Pont De Nemours & Co., Inc., 335 U.S. 331, 337 (1948); Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988); 28 U.S.C. § 1915 (a).
discussed Cited as authority (rule) Curtis Lanson Mitchell v. Nancy A. Miller, ET AL.
E.D. La. · 2025 · confidence medium
This in forma pauperis status is granted subject to a later determination that the action should be dismissed if the allegation of poverty is untrue or the action is found to be frivolous or malicious 2 Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988). 3 Id. 4 Courts consider social security payments in making the in-forma-pauperis determination.
discussed Cited as authority (rule) Amy Simpson v. Frank Bisignano, Commissioner of the Social Security Administration
W.D. Tex. · 2025 · confidence medium
Section 1915(a) “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay . . . statutory filing costs.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Joseph Anthony Reyna v. Capital One Financial Corp., Capital One Bank (USA), N.A.
W.D. Tex. · 2025 · confidence medium
Section 1915(a) “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay . . . statutory filing costs.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) AMALIA MORIN v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
W.D. Tex. · 2025 · confidence medium
The federal in forma pauperis statute, 28 U.S.C. § 1915 , “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay any part of the statutory filing [fees].” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Crall v. Michigan, State of
W.D. Mich. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Russell Kershaw v. Travis County Judge Andy Brown, et al.
W.D. Tex. · 2025 · confidence medium
Section 1915(a) “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay . . . statutory filing costs.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Eric Joshua Mapes v. State of Texas, Texas Court of Criminal Appeals, Ector County District Court, Ector County District Attorney, Judge Sharon Keller, et al.
W.D. Tex. · 2025 · confidence medium
Section 1915(a) “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay . . . statutory filing costs.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Jenkins v. Thomas
W.D. Tex. · 2025 · confidence medium
Section 1915(a) “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay . . . statutory filing costs.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Jenkins v. Campos
W.D. Tex. · 2025 · confidence medium
Section 1915(a) “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay . . . statutory filing costs.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Wells Fargo Bank, N.A. v. Lawrence Jeanpierre
W.D. Tex. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Cooper v. Leirstein
W.D. Mich. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Cooper v. Leirstein
W.D. Mich. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) White v. Commissioner of Social Security
S.D. Miss. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Bailey v. Bexar County
W.D. Tex. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) JASON CONTRERAS v. CPS ENERGY
W.D. Tex. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Giaccio v. Davis (2×) also: Cited "see"
N.D. Tex. · 2025 · confidence medium
LEGAL STANDARDS AND ANALYSIS Under 28 U.S.C. § 1915 (a)(1), a federal district court may authorize a person to bring a civil action in forma pauperis (“IFP”) when she submits an affidavit establishing her financial inability to pay or give security for applicable court fees “without suffering undue financial hardship.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
cited Cited as authority (rule) Hanlan v. The United States Goverment
W.D. Tex. · 2025 · confidence medium
Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Marrero v. Mayorkas
W.D. Tex. · 2025 · confidence medium
The Court takes judicial notice that in 2024 Plaintiff paid the filing fee on five civil cases.12 In two of those cases, Plaintiff was required to pay the filing fee because his IFP motions were 5 28 U.S.C. §1915 (a)(1). 6 Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988). 7 Id. 8 Id. 9 ECF No. 4, at 1-5. 10 Id. 11 See Marrero v. Department of Homeland Security, et. al, 3:24-CV-00379-LS (W.D.
cited Cited as authority (rule) Wilson v. Codero
W.D. Tex. · 2025 · confidence medium
Section 1915(a) “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay statutory filing costs.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Jackson v. Nero
E.D. La. · 2025 · confidence medium
If Plaintiff re-files another motion, he MUST fully complete the attached long form 1 https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines 2 See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988) (holding that assessment of in forma pauperis motion requires review of demands on plaintiff's financial resources, including whether expenses are discretionary or mandatory). affidavit disclosing all financial information, including the specific amounts of any monthly expenses or liabilities, as necessary for this Court to determine whether he qualifies for in forma pauperis stat…
cited Cited as authority (rule) Reyna v. DaVita Inc.
W.D. Tex. · 2025 · confidence medium
Section 1915(a) “is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay statutory filing costs.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988).
discussed Cited as authority (rule) Bonnet v. Bisignano (2×) also: Cited "see, e.g."
N.D. Tex. · 2025 · confidence medium
Kastner, 842 F.2d 138, 140 (Sth Cir. 1988).
discussed Cited as authority (rule) Lewis v. Seashore
E.D. La. · 2025 · confidence medium
Statutorily Mandated Review There exists no absolute right to proceed in forma pauperis in federal civil matters; instead, it is a privilege extended to those unable to pay filing fees when it is apparent that the claims do not lack merit on their face.5 Section 1915(e)(2)(B) grants the Court authority to summarily dismiss in forma pauperis complaints if the asserted claims are frivolous or malicious or fail to state a claim upon which relief may be granted.6 Indeed, the statute specifically mandates that the 1 28 U.S.C. § 1915 (a)(1). 2 Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988) (ci…
Retrieving the full opinion text from the archive…
Darrell PROWS and Arthur John Woods, Jr., Plaintiffs-Appellants,
v.
Warden D.C. KASTNER, Et Al., Defendants-Appellees
87-2849.
Court of Appeals for the Fifth Circuit.
May 11, 1988.
842 F.2d 138
Arthur John Woods, Jr., pro se., Darrell Prows, pro se., Dane Smith, Asst. U.S. Atty., Tyler, Tex., for defendants-appellees.
Clark, Jddge, Reavley, Hunter.
Cited by 194 opinions  |  Published
CLARK, Chief Judge:

Appellants Darrell Prows and Arthur Woods appeal the district court’s order requiring them to pay portions of filing fees before proceeding with their lawsuits. We affirm.

I.

Darrell Prows and Arthur Woods, inmates at the Federal Correctional Institution in Texarkana, Texas, applied to proceed in forma pauperis in two lawsuits against various prison officials. In each case, Mise. TX-86-15 and Mise. TX-86-16, a United States magistrate recommended that Prows pay $40.00 and Woods pay $80.00 towards the filing fee. In Mise. TX-86-15, the magistrate found that Woods had $1.87 in his prisoner account and made $185.00 per month from his employment with the prison industry. The magistrate found that Prows had $5.46 in his account and made $95.00 per month from his employment. In Mise. TX-86-16, the magistrate found that Woods had $86.70 in his account while Prows had $1.11. The magistrate also determined that Woods continued to make $185.00 from his prison employment while Prows made between $125.00 and $145.00.

The district court did not adopt the magistrate’s recommendation in Mise. TX-86-15. Instead, the district court ordered the plaintiffs to pay only part of the fee— Prows, $20.00 and Woods, $40.00. The district court did adopt the magistrate’s report with respect to Mise. TX-86-16, and ordered Prows to pay $40.00 and Woods to pay $80.00 towards the filing fee. As a result, Prows was ordered to pay $60.00 and Woods ordered to pay $120.00 before[*140] being allowed to proceed with their two lawsuits.

Prows and Woods jointly filed a “Motion for Reconsideration” in the two cases. They filed separate declarations outlining other demands on their income. Woods asserted that he spent a majority of his earnings to support charitable causes. Prows stated that he used his money to finance his legal work and sent his spare money to his wife. The magistrate recommended that the motion be denied. The district court, after reviewing the record de novo, denied the motion for reconsideration. Thereafter, Prows and Woods sought leave from the United States Court of Appeals for the Fifth Circuit to proceed in forma pauperis in an original action seeking a writ of mandamus. This court treated the Petition for a Writ of Mandamus as a notice of appeal and allowed an informa pauperis appeal.

On appeal, Prows and Woods contend that the district court abused its discretion in failing to recognize other demands on the prisoners’ incomes when it ordered Prows and Woods to pay portions of the filing costs. We hold that the district court judge did not abuse his discretion in requiring partial payment from Prows and Woods and affirm.

II.

The procedure for a party to bring a lawsuit in forma pauperis is set out in 28 U.S.C. § 1915. Section 1915(a) provides that:

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 and costs or security therefor, by a person who makes affidavit that he is unable to pay such costs or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and affi-ant’s belief that he is entitled to redress.

Section 1915(a) is intended to provide access to federal courts for plaintiffs who lack the financial resources to pay any part of the statutory filing costs. At the same time, a district court may order users of the courts to pay a portion of the filing fees when they are financially able to do so. Williams v. Estelle, 681 F.2d 946 (5th Cir.1982).

A district court has discretion, subject to review for abuse, to order a person to pay partial filing fees where the financial data suggests that the person may do so without suffering undue financial hardship. Smith v. Martinez, 706 F.2d 572 (5th Cir.1983). To determine whether a particular order causes undue financial hardship, a court must examine the financial condition of the in forma pauperis applicant. This entails a review of other demands on individual plaintiffs’ financial resources, including whether the expenses are discretionary or mandatory.

The district court in this case did not abuse its discretion in ordering Prows and Woods to pay portions of the filing fees. The payments required did not impose undue financial hardship on either Woods or Prows. Woods made $185.00 per month in the prison industry where he worked. The court ordered Woods to pay $120.00 before proceeding with the suits. The other demands on Woods’ income were discretionary. Although the desire to assist charitable causes is laudable, Woods cannot choose to assign these causes a higher priority than paying court costs for his lawsuit.

The magistrate found in Mise. TX-86-15 that Prows made $95.00 per month. In Mise. TX-86-16 the magistrate determined that Prows made between $125.00 and $145.00 per month. The district court has ordered Prows to pay $60.00. Prows states that he used his money to finance legal work and then sent whatever spare money he had to his wife. This laudable practice does not fix priorities the court is bound to follow. The court’s order that Prows pay $20 in one lawsuit and $40 in the other will not cause Prows undue financial hardship.

The district court’s judgment is

AFFIRMED.