4th Cir. R. 21(c)

Extraordinary Relief.

(1) Proceedings Arising out of Civil Matters. A prisoner filing a petition for writ of mandamus,

prohibition, or other extraordinary relief in a matter arising out of a civil case must pay the

full $600 docket fee. A prisoner who is unable to prepay this fee may apply to pay the fee in

installments by filing with the Court of Appeals (1) an application to proceed without

prepayment of fees; (2) a certified copy of the prisoner's trust fund account statement for the

six-month period immediately preceding the filing of the notice of appeal, obtained from the

appropriate official of each prison at which the prisoner is or was confined; and (3) a form

consenting to the collection of fees from the prisoner's trust account

The Court of Appeals will assess an initial partial filing fee of 20% of the greater of:

(a) the average monthly deposits to the prisoner's account for the six-month period

immediately preceding the filing of the petition; or

(b) the average monthly balance in the prisoner's account for the six-month period

immediately preceding the filing of the petition.

The Court will direct the agency having custody of the prisoner to collect this initial partial

fee from the prisoner's trust account, and to collect the remainder of the $600 fee, as well as

any other fees, costs, or sanctions imposed by the Court, in monthly installments of 20% of

the preceding month's deposits credited to the prisoner's account. The agency having

custody of the prisoner shall forward payments from the prisoner's account to the Clerk, U.S.

Court of Appeals, each time the amount in the account exceeds $10 until all fees, costs, and

sanctions are paid for the petition.

If a prisoner proceeding under this rule fails to file the forms or make the payments

required by the Court, the appeal will be dismissed pursuant to Local Rule 45.

(2) Effect of Prior Actions and Appeals on Proceedings Arising out of Civil Matters. A

prisoner who has, on three or more prior occasions, while incarcerated or detained in any

facility, brought an action or appeal in a court of the United States that was dismissed on the

grounds that it was frivolous, malicious, or failed to state a claim upon which relief could be

granted, may not proceed in a matter arising out of a civil case without prepayment of fees

unless the prisoner is under imminent danger of serious physical injury.

(3) Proceedings Arising out of Criminal Matters. A prisoner who is unable to prepay the full

$600 docket fee for a petition for writ of mandamus, prohibition, or other extraordinary

relief arising out of a criminal case may apply to proceed without the prepayment of fees by

filing an application for leave to proceed in forma pauperis.