Local Rule RULE 3.1: PAYMENT OF FEES AND COSTS

RULE 3.1 PAYMENT OF FEES AND COSTS (See 28 U.S.C. §§ 1911, 1915, 2254)

(a) Advance Payment

(1) Any document submitted for filing for which a filing fee is required must be accompanied by either the appropriate fee or a motion for leave to proceed in forma pauperis in accordance with subparagraph (b) of this Rule.

(2) All electronic filers are required to use the Pay.gov internet payment module in the Case Management/Electronic Case Filing (CM/ECF) system. Payments for filing fees, pro hac vice attorney admission fees, and notice of appeal fees must be paid by credit card over the internet through Pay.gov. Users will be automatically directed through the Pay.gov payment process. All parties are directed to read and have a working knowledge of all Court policies and procedures regarding payment and filing through CM/ECF, which are available on the Court's website.

(3) Pro se parties must file a motion for permission in each case to use the CM/ECF system and may pay by credit card, money order, or check made payable to "Clerk, U.S. District Court." Pro se litigants should consult the Court's Pro Se Litigant Guide available on the Court's website.

(b) In Forma Pauperis

(1) A petitioner or plaintiff who wishes to seek leave to file in forma pauperis under 28 U.S.C. § 1915 shall submit a motion and affidavit that sets forth information to establish that they are unable to pay the fees and costs, shall sign and verify an oath or affirmation, and shall answer additional questions concerning their financial status as the Court may require. A form Motion and Affidavit to Proceed in District Court without Prepaying Fees or Costs is available in the Forms for Prisoners section of the Court's website or may be obtained by sending a written request to the Clerk of Court at either the East St. Louis or Benton address listed in Local Rule 8.1(c).

(2) A petitioner or plaintiff in custody must also submit a certified copy of their prison trust fund account statement for the six-month period preceding the filing of the complaint or petition. All petitioners and plaintiffs are under a continuing obligation to keep the Clerk of Court and each opposing party informed of any change in their location. This shall be done in writing and not later than 14 days after a transfer or other change in address occurs. Failure to do so may result in dismissal of the case or other sanctions.

(3) A petitioner or plaintiff who seeks or has been granted leave to proceed in forma pauperis is on notice that their financial status is subject to review until all fee obligations under 28 U.S.C. § 1915 are satisfied.

(4) At the time an application is made under 28 U.S.C. § 1915 for leave to commence any civil action without being required to prepay fees and costs or give security for the same, the applicant and their attorney will be deemed to have entered into a stipulation that all unpaid costs taxed against the applicant shall be paid from any recovery secured in the action.