Case: 13-5031 Document: 16 Page: 1 Filed: 09/20/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
CLARENCE GANAWAY,
Plaintiff-Appellant,
v.
UNITED STATES,
Defendant-Appellee.
__________________________
2013-5031
__________________________
Appeal from the United States Court of Federal
Claims in No. 12-CV-0654, Judge Francis M. Allegra.
__________________________
ON MOTION
__________________________
ORDER
Clarence Ganaway moves for leave to proceed in for-
ma pauperis and to reinstate his appeal, previously
dismissed for failure to pay the fee.
Ganaway is incarcerated. Pursuant to the Prisoner
Litigation Reform Act of 1995, this court may not author-
ize the prosecution of an appeal by a prisoner without the
prepayment of fees. 28 U.S.C. § 1915. A prisoner is no
Case: 13-5031 Document: 16 Page: 2 Filed: 09/20/2013
GANAWAY 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 Ganaway’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
(1) Mr. Ganaway’s motion to proceed in forma pau-
peris is denied.
(2) The motion to reinstate is granted. The mandate
is recalled, the court’s dismissal order is vacated, and the
appeal is reinstated.
(3) Mr. Ganaway’s informal brief (form enclosed)
shall be due within 21 days of the date of filing of this
order.
Case: 13-5031 Document: 16 Page: 3 Filed: 09/20/2013
3 GANAWAY v. US
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk
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