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1. Scope. This rule applies to all actions commenced with filings not signed by an attorney authorized to appear before the court.
2. Compliance with Other Rules. All parties proceeding pro se shall comply with these local rules and the Federal Rules of Civil Procedure.
3. Filings. Filings by pro se parties shall be on forms provided by the clerk's office or in a format substantially conforming to such forms and LR 5.1.
4. Responsibilities of Clerk's Office and Magistrate Judge.
   1. Nonincarcerated Plaintiffs.
      1. Filing Fee Paid. The clerk's office shall forward initial filings to the magistrate judge for preliminary review to determine whether the court has subject matter jurisdiction. If the magistrate judge determines that the court lacks subject matter jurisdiction, the magistrate judge shall either recommend that the filings be dismissed or grant the party leave to file amended filings in accordance with the magistrate judge's directives.
      2. In Forma Pauperis. The clerk's office shall forward initial filings and any subsequent amendments to those filings by persons granted in forma pauperis status to the magistrate judge for preliminary review. After the initial review, the magistrate judge may:
         1. report and recommend to the court that the filing be dismissed because the allegation of poverty is untrue, the action is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief under 28 U.S.C. § 1915(e)(2); or it fails to establish subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1); or
         2. grant the party leave to file an amended filing in accordance with the magistrate judge's directives; or
         3. pursuant to Fed. R. Civ. P. 4(c)(3), appoint a person to effect service.
   2. Incarcerated Plaintiffs. The clerk's office shall forward initial filings and any subsequent amendments to those filings by inmates to the magistrate judge for preliminary review, whether or not a filing fee has been paid, pursuant to 28 U.S.C. § 1915A(a). After the initial review, the magistrate judge may:
      1. report and recommend to the court that the filing, or any portion of the filing, be dismissed because:
         1. the allegation of poverty is untrue, the action is frivolous, malicious, or fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune from such relief under 28 U.S.C. § 1915A(b); or
         2. it fails to establish subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1);
      2. grant the party leave to file an amended filing in accordance with the magistrate's directives; or
      3. pursuant to Fed. R. Civ. P. 4(c)(2), appoint a person to effect service if the incarcerated person is proceeding in forma pauperis, or pursuant to Fed. R. Civ. P. 4(b), order the clerk's office to issue summons(es) against the adverse party if the inmate paid the filing fee, in which event the action shall proceed as all other actions. Service shall not be made, or be deemed to have been made, on any defendant until an order is issued directing service.

(§ (d) amended 1/1/98; §§ (d)(1)(A), (d)(2), and (d)(2)(A)(i) amended 1/1/00; § (d)(1)(A) amended 1/1/03; §§ (d)(1)(B)(iii) and (d)(2)(C) amended 1/1/08)

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