Hunt v. Dept. Of Veterans Affairs

NOTE: T]:1is order is nonprecedential United States Court of Appeals for the FederaI Circuit ANTHONY G. HUNT, C'laimcznt-Appellant, V. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, on Resp0ndent-Appellee. 2012-7039 Appeal from the United States Court of Appea1s for Veterans C1aims in case n0. 09-4707, Judge Lawrence B. Hage1. ON MOTION Before BRYsoN, MAYER, and L1NN, Circuit Ju,dges. PER CUR1AM. 0 R D E R Anthony G. Hunt moves for reconsideration and re- quests rehearing en banc in response to this court’s Feb- HUNT V. DVA 2 ruary 9, 2012 order concerning his motion for leave to proceed in forma pauperis. Hunt argues that this court’s order denying his mo- tion for leave to proceed in forma pauperis denies him due process because he cannot pay the fee, This court’s order, however, did not require Hunt to pay the fee before his appeal can proceed. Instead, the order states that as a prisoner, Hunt may proceed with his appeal, but pursuant to 28 U.S.C. § 1915, he must pay the fee over time when funds in his prisoner account become available. _ Specifically, when funds eXist, an initial partial pay- ment must be made consisting of 2()% 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 immediately preceding the filing of the notice of appeal 28 U.S.C. § 191-5(b)(1)_. Thereaf- ter, the prisoner is required to make monthly payments of 2O% of the preceding month’s income credited to the prisoner’s account. 28 U.S.C. § 1915(b)(2). This court’s order further noted that 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 $45O filing fee is paid in full. To the extent that Hunt elects not to pay the fee, he may move to dismiss his appeal. AcC0rdingly, lT lS ORDERED THAT (1) The panel denies the motion for reconsideration. (2) The request for en banc review shall be circulated to the full court for its review along with a copy of this order, 3 HUNT V. DVA FOR THE COURT APR 92 mm /3/Jan Horbaly Date J an Horbaly Clerk cci Anthony G. Hunt Daniel B. Volk, Esq. FILED U.S. COUHT DF APPE\LS FUR 324 rHsFEnEn¢.Lc1nculT APR 02 2012 HDRBALll JANCLEFlK