(a) Affidavit Required.
A petitioner or movant seeking to proceed in forma pauperis must complete the in forma
pauperis affidavit or declaration attached at the back of the petition for a writ of habeas corpus
and shall set forth information which establishes, pursuant to 28 U.S.C. § 1915, that he or she
is unable to pay the fees and costs, or give security therefor. In the absence of exceptional
circumstances, leave to proceed in forma pauperis may be denied if the value of the money
and securities in the petitioner's institutional account exceeds fifty dollars ($50.00).
(b) Warden's Certificate.
Under Rule 3 of the rules governing § 2254 cases a certificate of the warden or other
appropriate officer of the institution in which the petitioner is confined is required in addition to
the affidavit or declaration of poverty. Such a certificate is provided at the end of the standard
form for filing § 2254 cases, and this certificate must be completed and returned with the
forms. The certificate may be considered by the court in acting upon the request to proceed
in forma pauperis.
