Case: 13-5120 Document: 13 Page: 1 Filed: 11/27/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

GERALD ALLEN PERRY, Plaintiff-Appellant,

v. UNITED STATES, Defendant-Appellee. __________________________

2013-5120 __________________________

Appeal from the United States Court of Federal Claims in No. 13-CV-0332, Judge Lynn J. Bush. __________________________

ON MOTION __________________________

ORDER

Gerald Allen Perry moves for leave to proceed in for- ma pauperis.

Perry is incarcerated. Pursuant to the Prisoner Liti- gation 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 proceeding without Case: 13-5120 Document: 13 Page: 2 Filed: 11/27/2013

PERRY v. US 2

payment of filing fees, but must, in time, pay the $455 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 prison- er’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 $10 until the $455 filing fee is paid in full. Id.

By separate letter, the custodian of Perry’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

Perry’s motion to proceed in forma pauperis is denied.

FOR THE COURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court s24