Honable v. Warden

Filing 9

ORDER signed by Magistrate Judge Kendall J. Newman on 08/08/13 ordering that petitioner shall comply with the court's 6/24/13 order within 21 days from the date of this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS HONABLE,

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No. 2:13-cv-1203 JAM KJN P

Petitioner,
v.

ORDER

M.D. McDONALD,
Respondent.

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By order filed June 24, 2013, petitioner was directed to file an affidavit in support of his

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request to proceed in forma pauperis or to pay the appropriate filing fee. The order was re-served

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on July 9, 2013. On July 17, 2013, petitioner filed a notice that he would pay the filing fee, and

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appended a copy of his inmate trust account statement reflecting that on June 27, 2013, $5.00 was

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deducted from petitioner’s account for “legal mail.” (ECF No. 5 at 2.) On July 19, 2013,

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petitioner filed a letter claiming that the court should have received the filing fee. (ECF No. 6.)

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However, to date, this court has not received a $5.00 payment from petitioner. The trust

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account statement does not indicate to whom the $5.00 was sent, and no case number is reflected

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on the withdrawal entry. (ECF No. 5 at 2.)

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Accordingly, petitioner is granted an extension of time in which to respond to the June 24,

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2013 order. Petitioner is cautioned that failure to comply with this court’s June 24, 2013 order

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will result in a recommendation that this action be dismissed.
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Good cause appearing, IT IS HEREBY ORDERED that petitioner shall comply with this

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court’s June 24, 2013 order within twenty-one days from the date of this order. Failure to comply

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with this order will result in a recommendation that this action be dismissed.

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Dated: August 8, 2013

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hona1203.111

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