Hawk v. California Board of Prison Hearings

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/2014 VACATING the 10/28/2014 findings and recommendations 4 ; petitioner's 5 request for an extension of time is GRANTED; and petitioner shall pay the filing fee within 30 days. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHAWN HAWK,

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Petitioner,

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No. 2:14-cv-2003 WBS KJN P

v.

ORDER

CALIFORNIA BOARD OF PRISON
HEARINGS,
Respondent.

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On September 9, 2014, petitioner was ordered to submit an application to proceed in

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forma pauperis or pay the filing fee. Petitioner did not respond to the order. On October 28,

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2014, the undersigned recommended that this action be dismissed. On November 14, 2014,

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petitioner filed objections to the findings and recommendations. Petitioner states that he has

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sufficient funds in his trust account, and has requested that payment issue, but that the prison trust

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office has not yet disbursed such funds. Petitioner asks the district court to reject the findings and

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recommendations and grant plaintiff an extension of time to pay the filing fee. Good cause

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appearing, IT IS HEREBY ORDERED that:

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1. The October 28, 2014 findings and recommendations (ECF No. 4) are vacated;

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2. Petitioner’s request for an extension of time (ECF No. 5) is granted; and

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3. Petitioner shall file pay the filing fee within thirty days from the date of this order.
Dated: December 2, 2014

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hawk2003.111

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