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LSR 1-1. MOTIONS FOR
LEAVE TO PROCEED
IN
FORMA PAUPERIS;
APPLICATION: STANDARD FORM.
Any
person who is unable to prepay the fees in a
civil case, may apply to the court for authority
to proceed
in forma pauperis. The
application shall be made on the form provided
by the court and shall include a financial
affidavit disclosing the applicant's income,
assets, expenses and liabilities.
LSR 1-2. INMATES:
ADDITIONAL REQUIREMENTS.
An
application to proceed
in
forma pauperis received
from an incarcerated or institutionalized person
shall be accompanied by a certificate from the
institution certifying the amount of funds
currently held in the applicant's trust account
at the institution and the net deposits in the
applicant's account for the six (6) months
preceding the submission of the application. If
the applicant has been at the institution for
less than six (6) months, the certificate shall
show the account's activity for such period.
LSR 1-3. STANDARD FOR
DENIAL OF
IN
FORMA PAUPERIS MOTION.
(a)
A motion to proceed
in
forma pauperis may
be denied, in the absence of exceptional
circumstances, if the applicant's assets exceed
the amount set by order of the court.
(b)
If the applicant has money or assets in an
amount less than the minimum set by the court
pursuant to this rule, the court may require the
payment of a partial filing fee.
(c)
If a partial filing fee is required, the
applicant may, in the discretion of the court,
be granted additional time to pay the filing
fee. Installment payments will not be accepted.
In a civil rights action the applicant must pay
the full partial filing fee before the court
will order service of process. If the case is a
petition or motion for post-conviction relief,
the applicant shall be allowed to proceed
in
forma pauperis during
the interim period before the partial filing fee
is paid. The failure of the applicant to pay the
fee before the expiration of the time granted
shall be cause for dismissal of the case.
LSR 1-4. APPLICANT NEED
ONLY FILE ORIGINAL COMPLAINT,
PETITION, OR MOTION.
A
plaintiff seeking
in
forma pauperis status
shall submit to the clerk only the original of
any petition or motion for post-conviction
relief or civil rights complaint, on forms
approved by the court. Upon filing, the clerk
shall make copies of the petition or motion for
post-conviction relief or civil rights
complaint, and the motion for leave to proceed
in forma pauperis,
in order to provide a file-stamped copy of each
document to the petitioner, movant or plaintiff
and all respondents or defendants. No answer or
responsive pleading is required unless ordered
by the court.
LSR 1-5. REVOCATION OF
LEAVE TO PROCEED
IN
FORMA PAUPERIS.
The
court may, either on the motion of a party or
sua sponte,
after affording an opportunity to be heard,
revoke leave to proceed
in forma pauperis if
the party to whom leave was granted becomes
capable of paying the complete filing fee or the
applicant has willfully misstated information in
the motion and affidavit for leave to proceed
in forma pauperis.
LSR 1-7. ABUSE OF
PRIVILEGE TO PROCEED
IN
FORMA PAUPERIS.
The
court may limit an applicant's use of
in
forma pauperis if
the court finds that the applicant has abused
the privilege to so proceed.
LSR 1-8. EXPENSES OF
LITIGATION.
The
granting of an application to proceed
in
forma pauperis does
not waive the applicant's responsibility to pay
the expenses of litigation which are not covered
by 28 U.S.C. § 1915.
LSR 2-1. CIVIL RIGHTS
COMPLAINT PURSUANT TO 42 U.S.C. § 1983;
PRO SE PLAINTIFF
TO USE STANDARD FORM.
A
civil rights complaint filed by a person who is
not represented by counsel shall be on the form
provided by this court.
LSR 2-2. CHANGE OF
ADDRESS.
The
plaintiff shall immediately file with the court
written notification of any change of address.
The notification must include proof of service
upon each opposing party or the party's
attorney. Failure to comply with this rule may
result in dismissal of the action with
prejudice.
LSR 3-1. PETITION FOR
WRIT OF
HABEAS CORPUS PURSUANT
TO
28 U.S.C. §§ 2241 AND 2254.
A
petition for writ of
habeas corpus, filed
by a person who is not represented by an
attorney, shall be on the form provided by this
court. If a petition for writ of
habeas corpus is
filed by an attorney on behalf of a person
seeking relief, it shall be on the form supplied
by the court or shall contain all of the
information required in the Model Form for Use
in Applications for
Habeas Corpus under
28 U.S.C. § 2254 in the Appendix of Forms to the
Rules Governing Section 2254 Cases in the United
States District Courts.
LSR 3-2.
STATEMENT OF ALL AVAILABLE GROUNDS FOR RELIEF.
A
petition for writ of
habeas corpus must
include all grounds for relief which are
available to the petitioner. A second or
successive petition may be dismissed if the
judge finds that:
(a)
It fails to allege new or different grounds for
relief and a prior determination was on the
merits; or,
(b)
If new and different grounds are alleged and the
judge finds that the failure of the petitioner
to assert those grounds in a prior petition
constituted an abuse of the writ.
LSR 4-1. MOTION
ATTACKING SENTENCE PURSUANT TO
28 U.S.C. § 2255; MOTION TO CORRECT OR REDUCE
SENTENCE
PURSUANT TO Fed. R. Crim. P. 35.; PETITION FORM.
A
motion to vacate sentence pursuant to 28 U.S.C.
§ 2255 or a motion to correct or reduce sentence
pursuant to Fed. R. Crim. P.35 filed by a person
who is not represented by an attorney, shall be
on the form provided by this court. If the
motion for post-conviction relief is filed by an
attorney, it shall be on the form supplied by
the court or shall contain all of the
information required in the Model Form for
Motions Under 28 U.S.C. § 2255 in the Appendix
of Forms to Rules Governing Section 2255
Proceedings in the United States District
Courts.
LSR 4-2. STATEMENT OF
ALL AVAILABLE GROUNDS FOR RELIEF.
A
motion for post-conviction relief must include
all grounds for relief which are available to
the movant. A second or successive motion may be
dismissed if the judge finds that:
(a)
It fails to allege new or different grounds for
relief and a prior determination was on the
merits; or
(b)
If new and different grounds are alleged and the
judge finds that the failure of the movant to
assert those grounds in a prior motion
constituted an abuse of the motion.
LSR 5-1. DEATH PENALTY
CASE; CAPTION; FACSIMILE FILING.
(a)
In a death penalty case, the caption to any
motion for leave to proceed
in
forma pauperis,
petition for writ of
habeas corpus or
motion for post-conviction relief must include
below the title of the document the following
caption: “DEATH PENALTY CASE.”
(b)
Papers may be filed with the clerk by means of
telephone facsimile machine (“fax”) only in
cases involving the death penalty as hereinafter
provided:
(1)
Documents that relate to stays of execution in
death penalty cases may be transmitted directly
to the fax machines in the clerk's offices in
Reno or Las Vegas for filing by the clerk when
counsel considers this will serve the interests
of their clients;
(2)
Counsel must notify the clerk before
transmitting any document by fax. On receiving
the transmitted document, the clerk shall make
the number of copies required and file the
photocopies. Any document transmitted directly
to the court by fax must show service on all
other parties by fax or hand delivery; and
(3)
When a document has been transmitted by fax and
filed pursuant to this rule, counsel must file
the original document and accompanying proof of
service with the clerk within three (3) judicial
days of the date of the fax transmission.
LSR 5-2. ADDITIONAL
INFORMATION: SCHEDULED EXECUTION DATE.
In
a death penalty case, the date of any scheduled
execution must be included at the beginning of
any motion for leave to proceed in forma
pauperis, petition for writ of
habeas corpus or
motion for post-conviction relief.
LSR 5-3. EVIDENTIARY
HEARING: TRANSCRIPT.
In
a death penalty case, the court shall order a
transcript of any evidentiary hearing for
purposes of appellate review.
LSR 6-1. APPEAL BOND;
NINTH CIRCUIT OR OTHER APPELLATE COURTS.
The
appellant will not be required to file a bond or
provide other security to ensure payment of
costs on appeal in a civil case unless the
court, on a motion or
sua
sponte,
orders such bond or security and fixes the
amount thereof.
LSR 6-2. DESIGNATION
AND PREPARATION OF REPORTER'S
AND RECORDER'S TRANSCRIPTS.
It
shall be the responsibility of the party filing
the notice of appeal to identify by name the
court reporter or recorder (or the tape number
when proceedings before the magistrate judge are
taped without the presence of a reporter or
recorder) when designating transcripts on
appeal. If more than one (1) court reporter or
recorder reported matters designated, a separate
Transcript Designation and Ordering Form must be
completed for each court reporter or recorder
and each such form shall specify which portions
of the designated transcript a particular court
reporter or recorder shall be responsible for
transcribing. The clerk shall arrange for the
transcription of any designated tapes of a
magistrate judge's proceedings.
LSR 6-3. CLERK'S RECORD
ON APPEAL, DESIGNATION AND COSTS OF
REPRODUCTION.
Fed._R._App._P._10(a) requires the original
clerk's file to be transmitted as the clerk's
record on appeal unless some or all of the
original file is required to be kept for use in
the district court. The court hereby delegates
to the clerk the authority to determine,
pursuant to Fed._R._App._P._11(e), when the
original clerk's record or any part thereof is
required to be kept for use in the district
court. In such cases the parties shall be so
notified and given the opportunity to designate
which pleadings and other papers are to be
reproduced for transmission to the appellate
court as the clerk's record on appeal. The costs
of reproduction shall be paid by the appellant,
except when an appellant is allowed to appeal
in forma pauperis,
in which case the clerk shall reproduce the
record at no cost to the appellant. In the event
a cross appeal is filed and the clerk transmits
a “joint” record, the cost of reproduction shall
be borne equally by the appellant and
cross-appellant.
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