Wilson v. Shinseki

Case: 13-7037 Document: 19 Page: 1 Filed: 03/22/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
JOHN D. WILSON, JR.,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
__________________________
2013-7037
__________________________
Appeal from the United States Court of Appeals for
Veterans Claims in case no. 11-0165, Judge Lawrence B.
Hagel.
__________________________
ON MOTION
__________________________
ORDER
John D. Wilson, Jr. moves for leave to proceed in for-
ma pauperis.
Wilson 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
prepayment of fees. 28 U.S.C. § 1915. A prisoner is no
Case: 13-7037 Document: 19 Page: 2 Filed: 03/22/2013
JOHN WILSON, JR. V. SHINSEKI 2
longer afforded the alternative of proceeding without
payment of filing fees, but must, in time, pay the $455
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 prison-
er’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 $455
filing fee is paid in full. Id.By separate letter, the custodian of Wilson’s prison
account is being directed to make the necessary arrange-
ments to forward the filing fee to the court.
Accordingly,
IT IS ORDERED THAT:
Wilson’s motion for leave to proceed in forma pauperis
is denied.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
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