Local Rule LR 4.1: Filing

LR 4.1 Filing.

1. The Clerk shall file a civil action only upon the presentation of: (a) the original complaint and the appropriate filing fee, or the original complaint and an In Forma Pauperis (IFP) petition (unless plaintiff has already been granted leave to proceed IFP under 28 U.S.C. ' 1915 or an IFP petition has already been filed and is still pending); (b) a completed summons where service is to be effected (no summons is required where waiver of service is to be utilized); (c) copies for each defendant and the assigned Judge; and (d) a completed civil action cover sheet (Form JS‑44). If any of the requirements listed in (a)-(d) is lacking, but a complaint has been presented, the Clerk shall mark the complaint as to the date filed and promptly give notice of the omission to the filing party. Failure to comply within twenty-one (21) calendar days of the date that notice is served by the Clerk may result in dismissal by the Court.

2. If a party fails to file a complaint, the Clerk shall mark whatever has been presented as "received," and it is up to the party to comply with Fed. R. Civ. P. 3 ("A civil action is commenced by filing a complaint with the court."). A civil action is not timely filed, for statute of limitations purposes, until the filing of the original complaint and appropriate filing fee or the original complaint and an IFP petition. "IFP petition" means a petition for leave to proceed without payment of prescribed fees (i.e., in forma pauperis). Filing by facsimile or other electronic means is prohibited, except when authorized by a judge of this Court.