Morgan v. United States

NOTE: This order is nonprecedential United States Court of AppeaIs for the FederaI Circuit JOE E. MORGAN, Plaintiff-Appellcmt, V. UNITED STATES, Defer,dan.t-Appellee. 2012-5018 Appeal from the United States Court of Federal ClaiInS in case n0. 10-CV-504, Judge George W. Miller. ON MOTION 0 R D E R J0e E. Morgan moves for leave to proceed in forma pauper1s. Morgan is incarcerated Pursuant to the Prisoner Litigation Refor1n 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 longer afforded the alternative of proceeding without MORGAN V. US 2 payment of Eling 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 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 $1O until the $45O filing fee is paid in full. Id. By separate letter, the custodian of Morgan’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 Morgan’s motion to proceed in forma pauperis is de- nied. FoR THE CoURT MAR 1 2 2012 /s/ J an H0rba1y Date J an Horba1y Clerk cc: Joe E. Morgan ILED La11r<-311 S- MOOf€, ESq- va c0unfoFAFPEALs ma 11-le FEnEnAL c¢ncun' 324 ma 12 2012 Jmuonamx cum