Local Rule LCvR 3.3: In Forma Pauperis Motions

LCvR 3.3 In Forma Pauperis Motions.

(a) An applicant who seeks leave to proceed without prepayment of the filing fees must, at the time of initiating the civil action, suit or proceeding, or appeal from a judgment in a civil action, submit a motion to proceed in forma pauperis on the form approved by this Court and supplied by the Court Clerk upon request, or available from the Court's website at www.oked.uscourts.gov. Failure to use such form or to furnish the Court with the equivalent information required by the form may result in the motion being stricken.

(b) In the case of a prisoner, such motion must also include a certificate executed by an authorized officer of the appropriate penal institution stating: (1) the amount of money or securities currently on deposit to the prisoner's credit in any institutional account; (2) the average monthly deposits to the prisoner's account for the six-month period immediately preceding the filing of the action; and (3) the average monthly balance in the prisoner's account for the six-month period immediately preceding the filing of the action.

(c) In the event that the prisoner has been in more than one penal institution during the six-month period immediately preceding the filing of the action, the prisoner must obtain the required certificate from the appropriate official at each institution.

(d) In the event the motion is denied, the filing party shall have twenty-one (21) days, unless a different time is specified by the Court, within which to pay the required filing fees. Failure to pay the filing fees by the date specified, to seek a timely extension within which to make the payment, or to show cause in writing by the date specified for payment shall be cause for dismissal of the action without prejudice to refiling.

(e) In forma pauperis status may be denied a prisoner seeking to bring a civil action, or appeal a judgment in a civil action, if the total balance of the prisoner's institutional accounts equals or exceeds the sum of the required filing fee plus $10.00. In the event in forma pauperis status is denied, payment of the entire filing fee shall be required to commence the action or appeal.