Huint v. Dept. Of Veterans Affairs

NOTE: This order is nonprecedentia1. United States Court of AppeaIs for the FederaI Circuit ANTHONY G. HUNT, Claiman,t-Appellant, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Resp0ndent-Appellee. § 2012-7039 Appeal from the United States Court of Appea1s for Veterans C1aims in case no. 09-4707, Judge Lawrence B. Hage1. ON MOTION ORDER Anthony G. Hunt moves for leave to proceed in forma pauperis Hunt is incarcerated. Pursuant to the Prisoner Liti- gati0n Ref0rm 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 $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 2()% of the preceding imonth’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 ful1. 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 IS ORDERED THAT Hunt’s motion to proceed in forma pauperis is denied. FoR THE CoURT /s/ J an Horbaly Date J an Horbaly Clerk FEB 09 2012 ccc Anthony G. Hunt Da“i@1 B- V°1k» ES‘1~ u.s. c0unfifF§PPum F0n THE FEDERAL ClHCU|T 324 FEB 0 9 2012 .|AN |~l0RBALY CLEHK