Slone v. United States

Case: 13-5127 Document: 12 Page: 1 Filed: 09/20/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit __________________________ WILLIAM D. SLONE, (also known as William D. Sloan), Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. __________________________ 2013-5127 __________________________ Appeal from the United States Court of Federal Claims in No. 13-CV-0328, Judge Charles F. Lettow. __________________________ ON MOTION __________________________ ORDER William D. Slone moves for leave to proceed in forma pauperis. Slone 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: 13-5127 Document: 12 Page: 2 Filed: 09/20/2013 SLONE v. US 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 Slone’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 Slone’s motion to proceed in forma pauperis is denied. FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk s24