Huerta v. Curry et al

Filing 5

ORDER GRANTING EXTENSION OF TIME TO PAY FILING FEE OR FILE COMPLETE IN FORMA PAUPERIS APPLICATION. Signed by Judge Jeremy Fogel on 2/12/10. (dlm, COURT STAFF) (Filed on 2/22/2010)

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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

MIGUEL HUERTA, Petitioner, vs. B. CURRY, Warden, Respondent.

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No. C 09-05069 JF (PR) ORDER GRANTING EXTENSION OF TIME TO PAY FILING FEE OR FILE COMPLETE IN FORMA PAUPERIS APPLICATION

On October 23, 2009, Petitioner filed this pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, along with an In Forma Pauperis Application. On that same day, the clerk of the Court sent a notification to Petitioner that his application was deficient because Petitioner failed to attach the following: 1) Certificate of Funds in Prisoner's Account completed and signed by an authorized officer of the institution; and 2) Petitioner's prisoner trust account statement showing transactions for the last six months. The notification included the warning that the case would be dismissed if Petitioner failed to respond within thirty days. On November 16, 2009, Petitioner filed a letter indicating that he was sending the five dollar filing fee. (Docket No. 4.) However, Petitioner failed to enclose the payment with the letter or provide proof of payment. Accordingly,
Order Granting Extension of Time to file IFP Application P:\PRO-SE\SJ.JF\HC.09\Huerta05069_ifp-eot.wpd

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Petitioner has not paid the filing fee. In the interest of justice, the Court will extend the time for Petitioner to either pay the full filing fee or provide proof of payment or, in the alternative, file the documents necessary to complete his in forma pauperis application. Petitioner must do so no later than thirty (30) days from the date this order is filed. Failure to comply with the Court's order in a timely manner will result in the dismissal of the case without prejudice for failure to pay the filing fee. IT IS SO ORDERED. DATED:
2/12/10

JEREMY FOGEL United States District Judge

United States District Court

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For the Northern District of California

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Order Granting Extension of Time to file IFP Application P:\PRO-SE\SJ.JF\HC.09\Huerta05069_ifp-eot.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MIGUEL HUERTA, Petitioner, v. B. CURRY, Warden, Respondent. /

Case Number: CV09-05069 JF 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. 2/22/10 , 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.

Miguel Huerta D-13538 Correctional Training Facility- North P.O. Box 705; WA-311 Soledad, CA 93960-0705 Dated: 2/22/10 Richard W. Wieking, Clerk