Case: 13-5057 Document: 12 Page: 1 Filed: 04/26/2013

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit __________________________ MONTY SHELTON, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. __________________________ 2013-5057 __________________________ Appeal from the United States Court of Federal Claims in No. 12-CV-0519, Judge Francis M. Allegra. __________________________ ON MOTION __________________________ ORDER Monty Shelton moves for leave to proceed in forma pauperis.

Shelton is incarcerated. Pursuant to the Prisoner Lit- igation 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: 13-5057 Document: 12 Page: 2 Filed: 04/26/2013

MONTY SHELTON 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 Shelton’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 Shelton’s motion to proceed in forma pauperis is de- nied.

FOR THE COURT /s/ Jan Horbaly Jan Horbaly Clerk . s24