PROCEEDINGS IN FORMA PAUPERIS

24.1 Documents Required with Application (a) In civil cases in which 28 U.S.C. § 1915(b) applies, prisoners seeking to proceed on appeal in forma pauperis must file the following documents in the court of appeals: (1) an affidavit of poverty that includes the amount in the prisoner’s prison account; (2) a certified copy of the prison account statement(s) (or institutional equivalent) for the 6 month period immediately preceding the filing of the notice of appeal; and (3) a signed form authorizing prison officials to assess and deduct the filing fees in accordance with 28 U.S.C. § 1915(b). (b) After the filing of the documents required in subsection (a) in civil cases in which 28 U.S.C. § 1915(b) applies, the clerk will issue an order directing the warden of the prison to assess and deduct the filing fees in accordance with 28 U.S.C. § 1915(b). Table of Contents 13 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 (c) In cases filed in which 28 U.S.C. § 1915(b) does not apply, prisoners seeking to proceed on appeal in forma pauperis must file an affidavit of poverty in the form prescribed by the Federal Rules of Appellate Procedure accompanied by a certified statement of the prison account statement(s) (or institutional equivalent) for the 6 month period preceding the filing of the notice of appeal or petition for extraordinary writ. No assessment order will be entered unless the court determines that the case is subject to the requirements of § 1915(b) and directs that assessments be made.

Source: None Cross-references: 28 U.S.C. § 1915 Committee Comments: Technical changes were made in 1997 to conform to the Prison Litigation Reform Act. 24.2 Failure to File Failure to file any of the documents specified in Rule 24.1 will result in the dismissal of the appeal by the clerk under L.A.R. 3.3 and L.A.R. Misc. 107.1(a). Source: None Cross-references: L.A.R. 3.3 and L.A.R. Misc.

107.1(a) Committee Comments: None 24.3 Issuance of Order If the affidavit in support of a motion to proceed in forma pauperis demonstrates that the appellant qualifies for in forma pauperis status and the appellant is not precluded from proceeding in forma pauperis under 28 U.S.C. § 1915(g), the clerk will issue an order granting in forma pauperis status. If 28 U.S.C. § 1915(b) applies, the order will direct prison officials to assess and deduct the filing fees in accordance with the statute and transmit such fees to the appropriate district court. The clerk must send a copy of the order to the prisoner, the warden of the prison where appellant is incarcerated, and the appropriate district court. Source: None Cross-references: 28 U.S.C. § 1915 Committee Comments: Technical changes were made in 1997 to conform to the Prison Litigation Reform Act.

Table of Contents 14 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011