Allen v. Dept. Of Veterans Affairs ( 2012 )


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  • NOTE: This order is nonprecedential
    Um'ted States Court of Appeals
    for the Federal Circuit
    CHARLES A. ALLEN, SR.,
    Claimant-Appellant,
    V.
    ERIC K. SHINSEKI, SECRETARY OF VETERANS
    AFFAIRS, n
    Respondent-Appellee.
    2012-7101
    Appeal from the United States Court of Appeals for
    Veterans Claims in case no. 12-392, Chief Judge Bruce E.
    Kasold.
    ON MOTION
    ORDER
    Charles A. Allen, Sr. moves for leave to proceed in
    forma pauperis.
    Allen is incarcerated. Pursuant to the Prisoner Liti-
    gation Reform Act of 1995, this court may not authorize
    the prosecution of an appeal by a prisoner without the
    ALLEN V. SH``INSEKI 2
    prepayment of fees. 
    28 U.S.C. § 1915
    . A prisoner is no
    longer afforded the alternative of proceeding without
    payment of filing fees, but must, in time, pay the $450
    filing fee in its entirety. When funds exist, an initial
    partial payment must be made consisting of 20% of the
    greater of (a) the average monthly deposits to the pris-
    oner’s account or (b) the average monthly balance in the
    prisoner’s account for the six-month period immediately
    preceding the filing of the notice of appeal. 
    28 U.S.C. § 1915
    (b)(1). Thereafter, the prisoner is required to make
    monthly payments of 20% of the preceding month’s in-
    come credited to the prisoner’s account. 
    28 U.S.C. § 1915
    (b)(2). The agency with custody of the prisoner must
    forward payments from the prisoner’s account each time
    the amount in the account exceeds $10 until the $450
    filing fee is paid in full. 
    Id.
    By separate letter, the custodian of Allen’s prison ac-
    count is being directed to make the necessary arrange-
    ments to forward the filing fee to the court.
    Accordingly,
    IT IS ORDERED THAT
    Allen’s motion to proceed in forma pauperis is denied.
    FOR THE COURT
    0 6  /s/ J an Horbaly
    Date J an Horbaly
    Clerk
    cc: Charles A. Allen, Sr.
    Daniel Rabinowitz, Esq. g
    324 JUN 0 6 'ZUT£
    JAN HUHBA\.Y
    CLEBK
    

Document Info

Docket Number: 2012-7101.2

Filed Date: 6/6/2012

Precedential Status: Non-Precedential

Modified Date: 4/18/2021