N.D. W. Va. LR PL P 25

(a) Application to Proceed Without Prepayment of Fees: 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

and a Consent to Collection of Fees from Trust Account.

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

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

of Court sending the prisoner a deficiency notice. Failure to comply with the deficiency

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

dismissed without prejudice.

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

prisoner has the ability to pay the fee, a Report and Recommendation will be entered

recommending that the Application be denied. If, upon review of the Application, the

magistrate judge finds that it should be granted, an order will be entered setting forth the

specific terms and conditions for payment of the filing fee. In the event that an initial

partial filing fee is ordered, failure to pay the fee within twenty-eight (28) days of the

entry of the order will result in the case being dismissed without prejudice. Subsequent

payments shall be made until the filing fee is paid in full.

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.

Regardless of whether the complaint is eventually dismissed upon order of the

Court, or the prisoner voluntarily withdraws the complaint, the entire fee will be collected

through the prisoner’s trust account. UNDER NO CIRCUMSTANCES WILL ANY FEE

OR PARTIAL FEE BE REFUNDED.

If, while incarcerated, a prisoner has had three or more civil actions or

appeals in federal court dismissed as frivolous, malicious or based upon a failure

to state a claim upon which relief may be granted, a new civil action or appeal of a

judgment in a civil action cannot be filed in forma pauperis. See 28 U.S.C. §

1915(g).

(b) Objections: Objections to any filing fee ordered by the Court shall be filed

with the Clerk’s Office within fourteen (14) days of the order and shall specifically

demonstrate a factual basis for the prisoner’s alleged lack of ability to pay the filing fee.

(c) Litigation Expenses: The granting of in forma pauperis status waives only

the costs of filing and serving the complaint. It does not waive the prisoner’s

responsibility to pay the expenses of litigation which are not waived by 28 U.S.C. §§

1825 and 1915.