Local Rule LR 83.32.3: In Forma Pauperis Proceedings

LR 83.32.3 In Forma Pauperis Proceedings.

(a) Affidavit Required. A petitioner or movant seeking to proceed in forma pauperis must complete the in forma pauperis affidavit or declaration attached at the back of the petition for a writ of habeas corpus and shall set forth information which establishes, pursuant to 28 U.S.C. § 1915, that he or she is unable to pay the fees and costs, or give security therefor. In the absence of exceptional circumstances, leave to proceed in forma pauperis may be denied if the value of the money and securities in the petitioner's institutional account exceeds fifty dollars ($50.00).

(b) Warden's Certificate. Under Rule 3 of the rules governing § 2254 cases a certificate of the warden or other appropriate officer of the institution in which the petitioner is confined is required in addition to the affidavit or declaration of poverty. Such a certificate is provided at the end of the standard form for filing § 2254 cases, and this certificate must be completed and returned with the forms. The certificate may be considered by the court in acting upon the request to proceed in forma pauperis.