Michael Long v. Us
Michael Long v. Us
Opinion
Case: 13-5027 Document: 7 Page: 1 Filed: 01/24/2013
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit __________________________
MICHAEL W. LONG, Plaintiff-Appellant,
v. UNITED STATES, Defendant-Appellee. __________________________
2013-5027 __________________________
Appeal from the United States Court of Federal Claims in case no. 12-CV-0647, Senior Judge Eric G. Bruggink. __________________________
ON MOTION __________________________
ORDER
Michael Long moves for leave to proceed in forma pauperis.
Long 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 Case: 13-5027 Document: 7 Page: 2 Filed: 01/24/2013
MICHAEL LONG v. US 2
longer afforded the alternative of proceeding without 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 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 $10 until the $455 filing fee is paid in full. Id.
By separate letter, the custodian of Long’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
Long’s motion to proceed in forma pauperis is denied.
FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk .
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Reference
- Status
- Unpublished