Woodard v. Dept. Of Veterans Affairs

NOTE: This order is nonprecedential United States Court of AppeaIs for the Federal Circuit ELTON G. WOODARD, Claiman,t-Appellant, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respon.dent-Appellee. 2011-7178 Appea1 from the United States Court of Appeals for Veterans C1ain1s in case no. 09-1757, Judge A1an G. Lance, Sr. ON MOTION ORDER E1ton G. Woodard moves for leave to proceed in forma pauperis Woodard is incarcerated Pursuant to the Pris0ner Litigation Reform Act of 1995, this court may not author- ize the prosecution of an appeal by a prisoner without the WOODWA_RD V. US 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 pris0ner’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 $450 filing fee is paid in full Id. By separate letter, the custodian of Woodard’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 Woodard’s motion to proceed in forma pauperis is de- nied. FoR THE CoURT 2 7 lsi Jan Horbaly Date J an Horbaly Clerk ccc Elton G. Woodard F¢LE[) E1izab@rh A. s eck ns . 3-3-°°“RT°FAPPEALSF°“ 13 » "-1 ms FEoEnALc\Rcu11 SEP 2 7 2011 JAN HORBALY CLERK