INFORMATION AND INSTRUCTION FOR COMMENCING ACTIONS IN FORMA PAUPERIS

The following instructions have been compiled to assist any person wishing to commence, prosecute, or defend any civil or criminal suit, action, proceeding, or appeal without prepayment of fees in this court. We have attempted to simplify procedures; however, we cannot and will not act as lawyers or give advice as counsel. We do not anticipate that these simple procedures will satisfy all needs, and the Local Rules of the United States District Court for the Eastern District of Oklahoma are available for more specific guidance. You should use the Local Rules along with the Federal Rules of Civil Procedure in preparing your case. The Federal Rules are available at a public library.

IN FORMA PAUPERIS:

With in forma pauperis status you are commencing an action in this court without the prepayment of fees or costs because of your inability to pay or provide security therefor. 28 U.S.C. § 1915, as amended by the Prison Litigation Reform Act of 1995.

1. Filing Fee: A $350.00 filing fee is required for commencing any civil suit, action or proceeding in which in forma pauperis status is granted. In those civil suits, actions or proceedings in which in forma pauperis status is denied, a $405.00 filing fee is required.  A $5.00 filing fee is required for a habeas corpus action. A $605.00 filing fee is required for appeals to the Tenth Circuit Court of Appeals. By requesting in forma pauperis status you are requesting the waiver of the prepayment of fees. You must submit an affidavit that includes a statement of all of your assets and that you are unable to pay the fees or give security therefor.

2. Prisoner Civil Actions: A prisoner seeking to bring a civil action or to appeal a judgment in a civil action must also file a certified copy of his trust fund or institutional account for the six-month period immediately preceding the filing of the action or appeal. Notwithstanding the request for waiver of filing fees, a prisoner must pay the full amount of the filing fee. The court shall collect as an initial partial payment of the fees 20% of the greater of:

(a) the average monthly deposits in the prisoner's account; or

(b) the average monthly balance in the prisoner's account for the six-month period immediately preceding the filing of the complaint or notice of appeal.

If you fail to pay the initial partial filing fee within 20 days or to show cause for your failure to pay, your action shall be dismissed without prejudice to refiling. After collection of the initial partial filing fee, the prisoner shall be required to make monthly payments of 20% of the preceding month’s income credited to the prisoner's account. The prisoner’s custodian will forward these payments to the Clerk of the Court each time the amount in the account exceeds $10.00. However, it is your responsibility to ensure that timely payments are submitted to the Court Clerk. Failure to submit timely payments or your interference in the submission of the payments will result in the dismissal of your case.