(a) Place of filing; filing fee. - A petition may be filed: (1) in the circuit court of the county wherein the petitioner is incarcerated; or (2) in the circuit court of the county wherein the petitioner was convicted and sentenced. If appropriate, the circuit court may transfer a petition to either venue. [See Transfer of petition at Rule 4(a), supra.] It shall be accompanied by two conformed copies thereof. It shall also be accompanied by the filing fee prescribed by law unless the petitioner applies for and is given leave to prosecute the petition in forma pauperis. In order to receive in forma pauperis status, the petitioner must complete the form annexed to these rules as Appendix B and demonstrate to the satisfaction of the circuit court that he or she is unable to pay the costs of the proceeding or to employ counsel.(b) Filing and service. - Upon receipt of the petition and the filing fee, or an order granting leave to the petitioner to proceed in forma pauperis, and having ascertained that the petition appears on its face to comply with Rules 2 and 3, the clerk of the circuit court shall file the petition and enter it on the docket in his or her office. The filing of the petition shall not require the respondent to answer the petition or otherwise move with respect to it unless so ordered by the circuit court.W. Va. R. Gov. Post-Conv. Hab. Co. Proc. 3