D.P.R. Loc. Civ. R. 3

(a) Payment of Fees.

The filing fee shall be paid to the clerk upon filing the complaint. All complaints shall be

accompanied by a properly completed Civil Cover Sheet (Form JS-44), and Category Sheet

which are available from the clerk and from the court’s website at, www.prd.uscourts.gov.

Except as otherwise required by law or ordered by the court, the clerk shall not docket any

filing, issue any process, or render any other service for which a fee is prescribed by statute or by

the Judicial Conference of the United States, unless the fee is prepaid or in forma pauperis status

has been granted.

(b) In Forma Pauperis Applications.

(1) All Applications. All applications to proceed in forma pauperis shall be

accompanied by a financial affidavit which shall disclose the applicant’s income pursuant

to 28 U.S.C. § 1915, assets, expenses, and liabilities, and shall be submitted in the forms

approved by the Administrative Office of the U.S. Courts or provided by the clerk, or in

a format substantially conforming to those forms and these Rules. The court may require

applicants who are not incarcerated to file an additional affidavit or produce additional

information relevant to the applicant’s financial ability to pay the full filing fee.

(2) Applications by Incarcerated Persons. Incarcerated persons shall also

submit, for the prior six-month period, certified by the institution or entity, a copy of the

trust fund account statement (or institution equivalent) showing the average monthly

deposits to, and the average monthly balance in, the applicant’s account. 28 U.S.C. § 1915

requires an inmate to pay the full filing fee when bringing a civil action. If insufficient

funds exist in the inmate’s account, the Court may assess an initial partial filing fee.

(3) Litigation Expenses. The granting of an application to proceed in forma

pauperis does not waive the applicant’s responsibility to pay the expenses of litigation

which are not waived by 28 U.S.C. §§ 1915 and 1925.

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(c) Forms of Complaint in Social Security Actions, Civil Rights Cases

Pursuant to 42 U.S.C. § 1983, and Prisoner Petitions Pursuant to 28 U.S.C.

§§ 2241, 2254 or 2255.

(1) In any action based upon social security claims, employment discrimination,

and non-prisoner or prisoner civil rights, or any other civil matter, in which a plaintiff files

pro se (which means without assistance of an attorney), the complaint should be filed on

the forms provided in the Clerk’s office or found on the court’s web site at

www.prd.uscourts.gov.

(2) Habeas corpus petitions filed pursuant to 28 U.S.C. §§ 2241, 2254, and 2255,

and cases filed pursuant to the Civil Rights Act, 42 U.S.C. § 1983, shall be filed on forms

available from the clerk, or found on the court’s website at www.prd.uscourts.gov. Section

2255 cases shall be filed without charge.

(3) A petition not filed on the appropriate form shall be subject to the issuance of

a notice of defective filing by the clerk. Failure to correct the filing by using the appropriate

form within thirty (30) days from the notice of defective filing will cause the case to be

submitted for final disposition by the court. The statute of limitations shall be tolled during

that period.

(4) An indigent pro se plaintiff or petitioner (28 U.S.C. §§ 2241 or 2254) may seek

in forma pauperis status to file his or her action without payment of fees by filing the form

affidavit available in the clerk’s office or found on the court’s website at

www.prd.uscourts.gov, along with the complaint or petition. The case will be given a civil

docket number and the in forma pauperis application will be submitted to the judge to

whom the case has been assigned. If the judge denies in forma pauperis status, the plaintiff

or petitioner will be given notice by written order that the case will be dismissed without

prejudice if the fee is not paid by the date specified in the order.

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