Smith v. Hedgpeth

Filing 13

ORDER denying 12 motion authorizing the district court to withdraw the $455.00 out of my trust account on appeal. (SI, COURT STAFF) (Filed on 6/15/2009) (Additional attachment(s) added on 6/22/2009: # 1 cs) (ys, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMES E. SMITH, Petitioner, v. HEDGPETH, warden, Respondent. / No. C 08-1157 SI (pr) ORDER The court dismissed this action and entered judgment on July 18, 2008. Petitioner then filed a notice of appeal. The court denied his request for a certificate of appealability. More than two months later, petitioner filed a "motion authorizing the district court to withdraw the $455.00 out of my trust account." The motion is DENIED. (Docket # 12.) If petitioner has the funds in his trust account to pay the filing fee for an appeal, he should contact his prison trust account office directly to have the check paid to the court of appeals. If he does not have the funds, he should file in the court of appeals an application to proceed in forma pauperis. IT IS SO ORDERED. DATED: June 15, 2009 SUSAN ILLSTON United States District Judge

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