Local Rule Local Civil Rule 83.4: Habeas Corpus and Proceedings In Forma Pauperis
E.D. Va. — Civil rule
LOCAL CIVIL RULE 83.4
HABEAS CORPUS AND PROCEEDINGS IN FORMA PAUPERIS
(A) Standard Forms: All pro se petitions for writs of habeas corpora must be filed on a set of standardized forms to be supplied, upon request, by the Clerk without cost to the petitioner. Counsel filing a petition for writ of habeas corpus need not use a standardized form, but any petition shall contain essentially the same information as set forth on said form.
(B) Filing of Cases by Prisoners In Forma Pauperis: If a party desires to file a proceeding in forma pauperis under 28 U.S.C. §§ 1915(a), and if the party desiring to file such proceeding is then confined to a state or federal penal institution, the party shall, within thirty (30) days of the receipt of any order, accomplish one of the following:
(1) Remit the required filing fee to the Clerk, or
(2) Request an extension of time within which to pay the required fee and thereafter pay same, or
(3) Cause to be filed a statement of the prison account of the party showing (a) the amount on deposit in the prison account at the period beginning six months immediately preceding the submission of the complaint or petition herein, and (b) the deposits to that prison account within the six-month period, including the source of said funds so deposited in said account and the reasons for any withdrawal therefrom.
(C) Effect of Permitting Partial Payment; Reconsideration of Status: Permission to proceed in forma pauperis by making a partial payment shall not be construed as authorizing the order of successive later payments after the order has been entered authorizing the party to proceed in forma pauperis. Whenever it appears that there may have been a change in the party's financial condition, the Court may reconsider whether the party may continue to proceed in forma pauperis.
(D) Site of Evidentiary Hearings – Prisoner Cases: At its discretion, the Court may conduct evidentiary hearings in prisoner cases at any penal institution in Virginia.