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LCivR 3.4 In forma pauperis proceedings

3.4      In forma pauperis proceedings

  1. Motion and supporting documents - All persons applying to proceed in forma pauperis in this court or on appeal shall file with their complaint or notice of appeal a motion for leave to proceed in forma pauperis supported by the financial affidavit required under 28 U.S.C. § 1915(a)(1). In addition, any person incarcerated under a state or federal criminal conviction shall submit a certified copy of the prison trust fund account statement for the prisoner for the six-month period immediately preceding the filing of the complaint or notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined. The statement shall disclose (i) the amount then in the trust fund account; (ii) all deposits and withdrawals from the account during the six-month period immediately preceding the filing of the complaint or notice of appeal as required by 28 U.S.C. § 1915(a)(2).
  2. Determination of pauper status - A petition for leave to proceed in forma pauperis shall be presented by the clerk to the assigned magistrate judge. If the financial affidavit discloses that the person is unable to pay the full filing fee or fees for service of process, the magistrate judge shall grant the petition for pauper status. The magistrate judge shall nevertheless order that a prisoner pay, within a specified period, an initial partial filing fee and make monthly payments thereafter in accordance with 28 U.S.C. § 1915(b). If the person fails to comply with the order for payment of all or any part of the filing fee, the complaint may be dismissed by a district judge or the appeal may be dismissed for want of prosecution by the Sixth Circuit Court of Appeals.
Date Last Modified: 
January 1, 2019