If a pro se litigant asks the Court to waive the filing fee by submitting an application to proceed in forma pauperis, the Court is required by statute and caselaw to first determine if the case is frivolous or malicious, fails to state a claim for relief, or names defendants who are immune from suit. In addition, the Court is required in all cases, including those where the litigant has paid the filing fee, to review the facts and claims to determine if the Court has subject matter jurisdiction over the action. A case that is undergoing judicial review, is one in which the Court is reviewing these issues. This process can take anywhere from a few weeks to a few months, depending upon how many cases are submitted to the Court at any given time. Typically, cases are reviewed in the order in which they are received by the Court.
