Hunt v. Shinseki

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit ANTHONY G. HUNT, Claim,ant-Appellc.',nt, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAlRS, ` Resp0ndent-Appellee. ' 2011-7009 Appeal from the United States Court of Appea1s for Veterans C1aiIns in case no. 10-1065, Judge Bruce E. Kaso1d. ON MOTION ORDER Anth0ny G. I-Iunt moves for leave to proceed in forma pauperis. The United States has not responded. Hunt 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 HUNT V. DVA 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 $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 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). 'l`hereafter, 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 Hunt’s prison ac- count is being directed to make the necessary arrange- ments to forward the filing fee to the court. Accordingly, IT ls ORDERE1) THA'1‘: Hunt’s motion to proceed in forma pauperis is denied. FoR THE CoURT mv 1 9 mo /S/ Jan Horbaly Date J an Horbaly Clerk ccc Anthony G. Hunt "_ gm 10 § THE FEDERA U|T Melissa Devine, Esq. ll-3-COU 0F LSFOR I'_' 9 :u ca 829 NUV. 1 9 2010 JAN HGRBALY CLERK