N.D. W. Va. LR PL P 17

In the event that a prisoner believes he or she cannot afford the fee, he or she

must file an Application to Proceed Without Prepayment of Fees and Affidavit, on the

form provided by the Court, requesting permission to proceed in forma pauperis. A

certified Prisoner Trust Account Report, signed by an authorized official from the

institution where the prisoner is confined must also be filed, together with ledger sheets

from the preceding six months.

Failure to send the fee with the petition or submit the necessary Application with

supporting Prisoner Trust Account Report and ledger sheets will result in the Clerk of

Court sending the petitioner a deficiency notice. Failure to comply with the deficiency

notice within twenty-one (21) calendar days of entry will result in the petition being

dismissed without prejudice.

In the event that the magistrate judge assigned to the case determines that the

petitioner has the ability to pay the fee, an order will be entered requiring the petitioner to

pay the fee within twenty-eight (28) calendar days. Failure to comply with the order

will result in the case being dismissed without prejudice.

All payments by or on behalf of prisoners must be by money order or United

States Treasury check. Cash and personal checks will not be accepted.