Local Rule LCvR 3.5: In Forma Pauperis Motions by Persons Filing Habeas Corpus Actions Under 28 U.S.C. § 2241, § 2254, or § 2255

LCvR 3.5 In Forma Pauperis Motions by Persons Filing Habeas Corpus Actions Under 28 U.S.C. § 2241, § 2254, or§ 2255.

(a) Habeas corpus proceedings are not "civil actions" governed by 28 U.S.C. § 1915(a)(2) and (b). In forma pauperis motions filed by habeas corpus petitioners must be on the Court-approved form or provide the information identified on such form. In support of the motion, a petitioner must provide a "statement of institutional accounts" or its equivalent, executed by an appropriate prison official.

(b) In forma pauperis status may be denied if the total balance of the prisoner's institutional accounts 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. Failure to pay the filing fee or any other payment ordered by the Court by the date specified, to seek a timely extension within which to make the payment, or to show cause in writing for failure to pay by the date specified shall be cause for dismissal of the action without prejudice to refiling.

(c) In the event in forma pauperis status is granted, the habeas corpus petitioner may proceed with the action or appeal without prepayment of the filing fee unless otherwise directed by order of the Court.

(d) A habeas corpus petitioner allowed to proceed in forma pauperis in the district court may appeal a district court judgment in forma pauperis without further authorization unless otherwise directed by order of the Court.