GRANTHAM v. US , No. 14-5118 (Fed. Cir. 2014)
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The court issued a subsequent related opinion or order on October 17, 2014.
The court issued a subsequent related opinion or order on November 20, 2014.
The court issued a subsequent related opinion or order on February 6, 2015.
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Case: 14-5118 Document: 12 Page: 1 Filed: 10/01/2014 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ CHRISTOPHER GRANTHAM, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee. ______________________ 2014-5118 ______________________ Appeal from the United States Court of Federal Claims in No. 1:13-cv-00981-LB, Judge Lawrence J. Block. ______________________ ON MOTION ______________________ ORDER Christopher Grantham submits two motions for leave to proceed in forma pauperis, which the court also construes as a motion to reinstate his appeal. The court notes that this appeal was dismissed on August 11, 2014 for failure to pay the docketing fee. Case: 14-5118 Document: 12 2 Page: 2 GRANTHAM Filed: 10/01/2014 v. US Grantham 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 proceeding without 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 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 $505 filing fee is paid in full. Id. Grantham 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 Grantham s prison account is being directed to make the necessary arrangements to forward the filing fee to the court. Upon consideration thereof, IT IS ORDERED THAT: (1) The motions for leave to proceed in forma pauperis are denied. (2) The motion to reinstate the appeal is granted. The mandate is recalled, the court s dismissal order is vacated, and the appeal is reinstated. (3) The government s informal brief is due within 21 days from the date of filing of this order. Case: 14-5118 GRANTHAM Document: 12 Page: 3 Filed: 10/01/2014 v. US 3 FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s24
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