PLEASANT-BEY V US, No. 11-5118 (Fed. Cir. 2011)

Annotate this Case

Download PDF

NOTE: This order is nonprecedential. Wntteb ~tate~ ~ourt of §ppeaI~ for tbe jfeberaI ~trcutt BOAZ PLEASANT-BEY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee_ 2011-5118 Appeal from the United States Court of Federal Claims in case no. 11-CV-258, Judge Edward J. Damich. ON MOTION ORDER Boaz Pleasant-Bey moves for leave to proceed forma pauperis. In 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- PLEASANT-BEY v. US 2 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 co.urt. Accordingly, IT IS ORDERED THAT Pleasant-Bey's motion to proceed in forma pauperis is denied. FOR THE COURT OCT O? 2011 Date cc: Boaz Pleasant-Bey Daniel G. Kim, Esq. lsI Jan Horbaly Jan Horbaly Clerk FILED II.S. COURT OF APPEALS FOR s20 THE FEDERAL CIRCUIT OCT 072011 JAN HDRBAlY CLERK

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.