Opinion
2011-5118
10-07-2011
BOAZ PLEASANT-BEY, Plai nt iff-Appellant, v. UNITED STATES, Defendant-Appellee.
NOTE: This order is nonprecedential.
Appeal from the United States Court of Federal
Claims in case no. ll-CV-258, Judge Edward J. Damich.
ON MOTION
ORDER
Boaz Pleasant-Bey moves for leave to proceed in forma pauperis.
Pleasant-Bey is incarcerated. Pursuant to the Prisoner Litigation 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 proceed- ing without payment of filing fees, but must, in time, pay the $450 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 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. § 1915(b)(1). Thereafter, the prisoner is required to make monthly payments of 20% of the preceding month's income 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 $450 filing fee is paid in full. Id.
By separate letter, the custodian of Pleasant-Bey's prison account is being directed to make the necessary arrangements to forward the filing fee to the court.
Accordingly,
IT IS ORDERED THAT
Pleasant-Bey's motion to proceed in forma pauperis is denied.
FOR THE COURT
Jan Horbaly
Clerk
cc: Boaz Pleasant-Bey
Daniel G. Kim, Esq.
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