Wilson v. Shinseki

U.S. Court of Appeals for the Federal Circuit

Wilson v. Shinseki

Opinion

Case: 13-7037 Document: 19 Page: 1 Filed: 03/22/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________

JOHN D. WILSON, JR., Claimant-Appellant,

v. ERIC K. SHINSEKI, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. __________________________

2013-7037 __________________________

Appeal from the United States Court of Appeals for Veterans Claims in case no. 11-0165, Judge Lawrence B. Hagel. __________________________

ON MOTION __________________________

ORDER

John D. Wilson, Jr. moves for leave to proceed in for- ma pauperis.

Wilson 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: 13-7037 Document: 19 Page: 2 Filed: 03/22/2013

JOHN WILSON, JR. V. SHINSEKI 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 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 Wilson’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:

Wilson’s motion for leave to proceed in forma pauperis is denied.

FOR THE COURT

/s/ Jan Horbaly Jan Horbaly Clerk

s24

Reference

Status
Unpublished