Hover v. United States

• Court: Court of Appeals for the Federal Circuit
• Decided: January 22, 2014
• Docket: 14-5022
• Status: Unpublished

Opinion

Case: 14-5022 Document: 10 Page: 1 Filed: 01/22/2014

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

DAVID HOVER, Plaintiff-Appellant,

v.

UNITED STATES, Defendant-Appellee. ______________________

2014-5022 ______________________

Appeal from the United States Court of Federal Claims in No. 1:13-cv-00895-MMS, Judge Margaret M. Sweeney. ______________________

ON MOTION ______________________

ORDER David Hover moves for leave to proceed in forma pau- peris. Hover 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: 14-5022 Document: 10 Page: 2 Filed: 01/22/2014

payment of filing fees, but must, in time, pay the $505 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 $505 filing fee is paid in full. Id. By separate letter, the custodian of Hover’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

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