Davis v. McDonald

• Court: Court of Appeals for the Federal Circuit
• Decided: September 24, 2014
• Docket: 14-7120
• Status: Unpublished

Opinion

Case: 14-7120 Document: 9 Page: 1 Filed: 09/24/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

DONALD R. DAVIS, Claimant-Appellant,

v.

ROBERT A. MCDONALD, SECRETARY OF VETERANS AFFAIRS, Respondent-Appellee. ______________________

2014-7120 ______________________

Appeal from the United States Court of Appeals for Veterans Claims in No. 14-2089, Judge Mary J. Schoelen. ______________________

ON MOTION ______________________

ORDER Donald R. Davis moves for leave to proceed in forma pauperis. Davis 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: 14-7120 Document: 9 Page: 2 Filed: 09/24/2014

payment of filing fees, but must, in time, pay the $500 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 $500 filing fee is paid in full. Id. Davis has indicated that one of his prior actions or appeals was dismissed because it was frivolous, malicious, or failed to state a claim upon which relief can be granted. By separate letter, the custodian of Davis’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: The motion is denied. FOR THE COURT

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