United States Court of Appeals for the Fourth Circuit
Local Rules & Internal Operating Procedures
December 1, 2013
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PROCEEDING IN FORMA PAUPERIS

PROCEEDING IN FORMA PAUPERIS
 
Local Rule 24. Prisoner Appeals.
(a) Payment of Fees and Costs Required. A prisoner appealing a judgment in a civil action must pay in full the $505 fee required for commencement of the appeal. A prisoner who is unable to prepay this fee may apply to pay the fee in installments by filing with the Court of Appeals (1) an application to proceed without prepayment of fees; (2) a certified copy of the prisoner's trust fund account statement or institutional equivalent for the six-month period immediately preceding the filing of the notice of appeal, obtained from the appropriate official of each prison at which the prisoner is or was confined; and (3) a form consenting to the collection of fees from the prisoner's trust account.
The Court of Appeals will assess an initial partial filing fee of 20% of the greater of:
(1) the average monthly deposits to the prisoner's account for the six-month period immediately preceding the filing of the notice of appeal; or
(2) the average monthly balance in the prisoner's account for the six-month period immediately preceding the filing of the notice of appeal.
Based upon the prisoner's consent, the Court will direct the agency having custody of the prisoner to collect this initial partial fee from the prisoner's trust account, and to collect the remainder of the $505 filing fee, as well as any other fees, costs, or sanctions imposed by the Court of Appeals, in monthly installments of 20% of the preceding month's deposits credited to the prisoner's account. The agency having custody of the prisoner shall forward payments from the prisoner's account to the clerk of the district court each time the amount in the account exceeds $10 until all fees, costs, and sanctions are paid for the appeal.
If a prisoner proceeding under this rule fails to file the forms or make the payments required by the Court, the appeal will be dismissed pursuant to Local Rule 45.
(b) Effect of Prior Actions and Appeals. A prisoner who has, on three or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it was frivolous, malicious, or failed to state a claim upon which relief could be granted, may not proceed on appeal without prepayment of fees unless the prisoner is under imminent danger of serious physical injury.