Garcia v. Haviland

Filing 5

ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION re 3 MOTION for Extension of Time to File. Petitioner must submit the application and supporting documents no later than October 29, 2009. In the alternative, petitione r may file the $5.00 filing fee. FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER. Signed by Judge James Ware on 11/3/2009. (ecg, COURT STAFF) (Filed on 11/5/2009)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

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For the Northern District of California

JAVIER FRANK GARCIA, Petitioner, vs. J. W. HAVILAND, Warden, Respondent.

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No. C 09-04264 JW (PR) ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION

(Docket No. 3)

On September 15, 2009, petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On the same day, the clerk of the court sent a notice to petitioner that a filing fee of $5.00 was now due or in the alternative, that petitioner must file an In Forma Pauperis Application. (Docket No. 2.) Petitioner was advised that he must respond within thirty days to avoid the action being dismissed. Petitioner filed a motion for extension of time to file an in forma pauperis application. (Docket No. 3.) Good cause appearing, petitioner's motion is GRANTED. Petitioner must submit the application and supporting documents no later than October 29, 2009. In the alternative, petitioner may file the $5.00 filing fee.
Order Granting Ext. of Time to File IFP P:\PRO-SE\SJ.JW\HC.09\Garcia04264_ifp-ext.wpd

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FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER.
November 3, 2009

DATED:

JAMES WARE United States District Judge

United States District Court

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For the Northern District of California

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Order Granting Ext. of Time to File IFP P:\PRO-SE\SJ.JW\HC.09\Garcia04264_ifp-ext.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JAVIER FRANK GARCIA, Petitioner, v. J W HAVILAND, Warden, Respondent. /

Case Number: CV09-04264 JW CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 11/5/2009 , I SERVED a true and correct copy(ies) of the That on attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Javier Frank Garcia F-52997 CTF Soledad P. O. Box 705 Soledad, Ca 93960 Dated: 11/5/2009 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk