Local Rule LR PL P 17: Applications by Prisoners to Proceed In Forma Pauperis in § 2254 and 2241 Petitions

LR PL P 17. Applications by Prisoners to Proceed In Forma Pauperis in § 2254 and 2241 Petitions.

In the event that a prisoner believes he or she cannot afford the fee, he or she must file an Application to Proceed Without Prepayment of Fees and Affidavit, on the form provided by the Court, requesting permission to proceed in forma pauperis. A certified Prisoner Trust Account Report, signed by an authorized official from the institution where the prisoner is confined must also be filed, together with ledger sheets from the preceding six months.

Failure to send the fee with the petition or submit the necessary Application with supporting Prisoner Trust Account Report and ledger sheets will result in the Clerk of Court sending the petitioner a deficiency notice. Failure to comply with the deficiency notice within twenty-one (21) calendar days of entry will result in the petition being dismissed without prejudice.

In the event that the magistrate judge assigned to the case determines that the petitioner has the ability to pay the fee, an order will be entered requiring the petitioner to pay the fee within twenty-eight (28) calendar days. Failure to comply with the order will result in the case being dismissed without prejudice.

All payments by or on behalf of prisoners must be by money order or United States Treasury check. Cash and personal checks will not be accepted.