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DENTON v. HERNANDEZ

No. 90-1846.

504 U.S. 25 (1992)

DENTON, DIRECTOR OF CORRECTIONS OF CALIFORNIA, et al. v. HERNANDEZ

United States Supreme Court.

Decided May 4, 1992.

Attorney(s) appearing for the Case

James Ching, Supervising Deputy Attorney General of California, argued the cause for petitioners. With him on the briefs were Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Kenneth C. Young, Assistant Attorney General, and Joan W. Cavanagh, Supervising Deputy Attorney General.

Richard W. Nichols, by appointment of the Court, 502 U.S. 966, argued the cause and filed a brief for respondent.*

O'Connor, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Stevens, J., filed a dissenting opinion, in which Blackmun, J., joined, p. 35.

Justice O'Connor, delivered the opinion of the Court.

The federal in forma pauperis statute, codified at 28 U. S. C. § 1915, allows an indigent litigant to commence a civil or criminal action in federal court without paying the administrative costs of proceeding with the lawsuit. The statute protects against abuses of this privilege by allowing a district court to dismiss the case "if the allegation of poverty is untrue, or if satisfied that the action...

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