Case: 13-7143 Document: 12 Page: 1 Filed: 12/20/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
BRIAN ANDERSON,
Claimant-Appellant,
v.
ERIC K. SHINSEKI, SECRETARY OF VETERANS
AFFAIRS,
Respondent-Appellee.
______________________
2013-7143
______________________
Appeal from the United States Court of Appeals for
Veterans Claims in No. 12-274.
______________________
ON MOTION
______________________
ORDER
Brian Anderson moves for leave to proceed in forma
pauperis.
Anderson is incarcerated. Pursuant to the Prisoner
Litigation Reform Act of 1995, this court may not author-
ize 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: 13-7143 Document: 12 Page: 2 Filed: 12/20/2013
2 ANDERSON v. SHINSEKI
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 Anderson’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:
(1) The mandate is recalled, the court's dismissal or-
der is vacated, and the appeal is reinstated. The Secre-
tary of Veterans Affairs should compute his brief due date
from the date of this order.
(2) Anderson’s motion for leave to proceed in forma
pauperis is denied.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
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