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In Re: Vikram Buddhi.

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SUBMITTED JULY 11,2011

Before POSNER, MANION and SYKES, Circuit Judges.

Vikram Buddhi, a criminal defendant who has appealed the district court’s denial of his motion to reconsider his sentence, now asks us to command that court to rescind its order requiring that money in Buddhi’s prison trust account be applied to his district court filing fee and to a special assessment against him that was imposed as part of his sentence. 18 U.S.C. § 3013. The judge allowed Buddhi to proceed in forma pauperis in the district court. But when after losing there Buddhi asked for leave to proceed in forma pauperis on appeal, the judge discovered that although $1501.83 had been deposited in Buddhi’s prison trust account in the preceding six months, he had made no payments toward his district court filing fee, as required by 28 U.S.C. § 1915(b)(2). The judge ordered him to pay $300.67 toward the filing fee and directed the warden to deduct from his prison trust account the outstanding balance on the $1100 special assessment; the balance was $1067.00. The two payment orders left Buddhi with no money to pay the filing fee for this appeal; hence this petition for mandamus.

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