Case: 14-7064 Document: 28 Page: 1 Filed: 09/24/2014
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
FREDERICK W. BAUER,
Claimant-Appellant,
v.
ROBERT A. MCDONALD, SECRETARY OF
VETERANS AFFAIRS,
Respondent-Appellee.
______________________
2014-7064
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 14-0132, Judge Alan G. Lance, Sr.
______________________
ON MOTION
______________________
ORDER
Frederick W. Bauer moves for leave to proceed in
forma pauperis and for “financial-assistance of counsel.”
Bauer 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: 14-7064 Document: 28 Page: 2 Filed: 09/24/2014
2 BAUER v. MCDONALD
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. Mr. Bauer has indicated
that none of his prior actions or appeals were dismissed
because they were frivolous, malicious, or failed to state a
claim upon which relief can be granted.
By separate letter, the custodian of Bauer’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 motions are denied.
* The court notes that Mr. Bauer signed an earlier
version of Federal Circuit Form 6A, authorizing payment
of this court’s filing fee from his account. On December 1,
2013, the court increased its filing fee. Mr. Bauer’s ac-
count will be charged the current fee of $500.
Case: 14-7064 Document: 28 Page: 3 Filed: 09/24/2014
BAUER V. MCDONALD 3
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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