N.D. W. Va. LR PL P 3.2

(a) Application and Required Documentation: In the event that a prisoner

believes he or she cannot afford the filing fee for an action covered by these Rules, 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. In addition, a Consent to Collection of Fees from Trust

Account must be filed in all cases other than habeas petitions.

(b) Eligibility: A prisoner shall be entitled to proceed in forma pauperis if the

prisoner’s financial affidavit or certified trust account statement, or both, demonstrates

that the prisoner is unable to pay or prepay for the costs of the action and the Court

determines that the prisoner has not deliberately depleted his or her assets in order to

become eligible for in forma pauperis status.

(c) Rescission of Leave to Proceed In Forma Pauperis: The Court may,

either on its own or on the motion of any party, review and rescind, wholly, or in part,

leave to proceed in forma pauperis if the prisoner who was granted leave becomes

capable of paying the full filing fee, is found to have willfully misstated information in the

Application or for any other lawful ground.

(d) Requirements for In Forma Pauperis Applicants: The specific procedures

required for prisoners seeking leave to proceed in forma pauperis in habeas actions are

set forth below in LR PL P 17. The specific procedures required for prisoners seeking

leave to proceed in forma pauperis in all other civil actions are set forth below in LR PL P

25.