Local Rule Rule 3: Commencement of an Action

RULE 3 COMMENCEMENT OF AN ACTION

(a) Payment of Fees.

The filing fee shall be paid to the clerk upon filing the complaint. All complaints shall be accompanied by a properly completed Civil Cover Sheet (Form JS-44), and Category Sheet which are available from the clerk and from the court's website at, www.prd.uscourts.gov.

Except as otherwise required by law or ordered by the court, the clerk shall not docket any filing, issue any process, or render any other service for which a fee is prescribed by statute or by the Judicial Conference of the United States, unless the fee is prepaid or in forma pauperis status has been granted.

(b) In Forma Pauperis Applications.

(1) All Applications. All applications to proceed in forma pauperis shall be accompanied by a financial affidavit which shall disclose the applicant's income pursuant to 28 U.S.C. § 1915, assets, expenses, and liabilities, and shall be submitted in the forms approved by the Administrative Office of the U.S. Courts or provided by the clerk, or in a format substantially conforming to those forms and these Rules. The court may require applicants who are not incarcerated to file an additional affidavit or produce additional information relevant to the applicant's financial ability to pay the full filing fee.

(2) Applications by Incarcerated Persons. Incarcerated persons shall also submit, for the prior six-month period, certified by the institution or entity, a copy of the trust fund account statement (or institution equivalent) showing the average monthly deposits to, and the average monthly balance in, the applicant's account. 28 U.S.C. § 1915 requires an inmate to pay the full filing fee when bringing a civil action. If insufficient funds exist in the inmate's account, the Court may assess an initial partial filing fee.

(3) Litigation Expenses. The granting of an application to proceed in forma pauperis does not waive the applicant's responsibility to pay the expenses of litigation which are not waived by 28 U.S.C. §§ 1915 and 1925.

(c) Forms of Complaint in Social Security Actions, Civil Rights Cases Pursuant to 42 U.S.C. § 1983, and Prisoner Petitions Pursuant to 28 U.S.C. §§ 2241, 2254 or 2255.

(1) In any action based upon social security claims, employment discrimination, and non-prisoner or prisoner civil rights, or any other civil matter, in which a plaintiff files pro se (which means without assistance of an attorney), the complaint should be filed on the forms provided in the Clerk's office or found on the court's web site at www.prd.uscourts.gov.

(2) Habeas corpus petitions filed pursuant to 28 U.S.C. §§ 2241, 2254, and 2255, and cases filed pursuant to the Civil Rights Act, 42 U.S.C. § 1983, shall be filed on forms available from the clerk, or found on the court's website at www.prd.uscourts.gov. Section 2255 cases shall be filed without charge.

(3) A petition not filed on the appropriate form shall be subject to the issuance of a notice of defective filing by the clerk. Failure to correct the filing by using the appropriate form within thirty (30) days from the notice of defective filing will cause the case to be submitted for final disposition by the court. The statute of limitations shall be tolled during that period.

(4) An indigent pro se plaintiff or petitioner (28 U.S.C. §§ 2241 or 2254) may seek in forma pauperis status to file his or her action without payment of fees by filing the form affidavit available in the clerk's office or found on the court's website at www.prd.uscourts.gov, along with the complaint or petition. The case will be given a civil docket number and the in forma pauperis application will be submitted to the judge to whom the case has been assigned. If the judge denies in forma pauperis status, the plaintiff or petitioner will be given notice by written order that the case will be dismissed without prejudice if the fee is not paid by the date specified in the order.