Local Rule LCvR3.3: In Forma Pauperis Applications
W.D. Okla. — Civil rule
LCvR3.3 In Forma Pauperis Applications.
(a) An applicant who seeks leave to proceed without prepayment of the filing fees must, at the time of initiating the civil action, suit, or proceeding, submit an application to proceed in forma pauperis on forms approved by this court and supplied by the clerk upon request. Failure to use such form or to furnish the court with the equivalent information required by the form will result in the application being stricken.
(b) In the case of a prisoner, such application must also include a certificate executed by an authorized officer of the appropriate penal institution stating: (1) the amount of money or securities currently on deposit to the prisoner's credit in any institutional account; (2) the average monthly deposits to the prisoner's account for the 6-month period immediately preceding the filing of the action; and (3) the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the action.
(c) In the event the prisoner has been in more than one penal institution during the 6-month period immediately preceding the filing of the action, the prisoner must obtain the required certificate from the appropriate official at each institution.
(d) Pending the court's ruling on the application, the civil action, suit, or proceeding will be deemed conditionally filed.
(e) In the event the application is granted, the formal filing of the pleadings will relate back to the date the pleadings were conditionally filed. In the event the application is denied, the filing party shall have 21 days, unless a different time is specified by the court, within which to pay the required filing fees. Upon payment of the filing fees within this period, the formal filing of the pleadings shall relate back to the date the pleadings were conditionally filed. Failure to pay the filing fees by the date specified, to seek a timely extension within which to make the payment, or to show cause in writing by the date specified for payment shall be cause for dismissal of the action without prejudice to refiling.