Pauperis (formerly L.R. 5.4) (Amended January 1, 2022)
(a) On receipt of a complaint or petition and an application to proceed in forma
pauperis, and supporting documentation as required for prisoner litigants, the Clerk shall
promptly file the complaint or petition without the payment of fees and assign the action in
accordance with L.R. 3.1. The Clerk shall then forward the complaint or petition, application and
supporting documentation to the assigned judicial officer for a determination of the in forma
pauperis application and the sufficiency of the complaint or petition and, if appropriate, to direct
service by the Marshal. Prior to the Marshal serving process pursuant to 28 U.S.C. § 1915(d) and
L.R. 5.1(e), the Court shall review all actions filed pursuant to 28 U.S.C. § 1915(g) to determine
whether sua sponte dismissal is appropriate. The granting of an in forma pauperis application
shall not relieve a party of the obligation to pay all other fees for which that party is responsible
regarding the action, including but not limited to copying and/or witness fees.
(b) Whenever a fee is due for a civil action subject to the Prison Litigation Reform
Act (“PLRA”), the prisoner must comply with the following procedure:
1. (A) Submit a signed, fully completed and properly certified in forma
pauperis application; and
(B) Submit the authorization form issued by the Clerk’s office.
2. (A) (i) If the prisoner has not fully complied with the requirements set
forth in paragraph 1 above, a judicial officer shall, by Court order,
inform the prisoner about what he or she must submit in order to
proceed with such action in this District and administratively close
the case.
(ii) The Order shall afford the prisoner thirty (30) days in which to
comply with the terms of same.
(iii) After a case has been administratively closed, upon receipt of a
signed, fully completed and properly certified in forma pauperis
application and a signed authorization form, or the payment of the
full filing fee, the Clerk shall reopen the case. If the action is not
subject to sua sponte dismissal, the judicial officer shall review the
in forma pauperis application, if applicable.
(B) If the prisoner has fully complied with the requirements set forth in
paragraph 1 above, and the action is not subject to sua sponte dismissal,
the judicial officer shall review the in forma pauperis application. The
granting of the application shall in no way relieve the prisoner of the
obligation to pay the full amount of the filing fee.
3. After being notified of the filing of the civil action, the agency having custody
of the prisoner shall comply with the provisions of 28 U.S.C. § 1915(b)
regarding the filing fee due for the action.
