Pleasant-Bey v. United States

NOTE: This order is nonprecedential. Wntteb ~tate~ ~ourt of §ppeaI~ for tbe jfeberaI ~trcutt BOAZ PLEASANT-BEY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee_ 2011-5118 Appeal from the United States Court of Federal Claims in case no. 11-CV-258, Judge Edward J. Damich. ON MOTION ORDER Boaz Pleasant-Bey moves for leave to proceed In forma pauperis. Pleasant-Bey is incarcerated. Pursuant to the Pris- oner Litigation 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 longer afforded the alternative of proceed- PLEASANT-BEY v. US 2 ing 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 prisoner's account or (b) the average monthly balance in the prisoner's account for the six-month period immedi- ately 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 income 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 Pleasant-Bey's prison account is being directed to make the necessary arrangements to forward the filing fee to the co.urt. Accordingly, IT IS ORDERED THAT Pleasant-Bey's motion to proceed in forma pauperis is denied. FOR THE COURT OCT O? 2011 lsI Jan Horbaly Date Jan Horbaly Clerk cc: Boaz Pleasant-Bey Daniel G. Kim, Esq. FILED II.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT s20 OCT 072011 JAN HDRBAlY CLERK