Potts v. Walker

Filing 8

ORDER GRANTING EXTENSION OF TIME TO FILE IN FORMA PAUPERIS APPLICATION re 4 . Signed by Judge Jeremy Fogel on 1/20/10. (dlm, COURT STAFF) (Filed on 1/27/2010)

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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

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JUSTIN-MICHAEL TYLER POTTS, ) ) Petitioner, ) ) vs. ) ) ) JAMES WALKER, ) ) Respondent. ) ) )

No. C 09-05849 JF (PR) ORDER GRANTING EXTENSION OF TIME TO FILE IN FORMA PAUPERIS APPLICATION

(Docket No. 4)

On December 15, 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 January 11, 2010, Petitioner filed a letter requesting an extension of time to file the necessary documents to complete his In Forma Pauperis Application.
Order Granting Extension of Time to file IFP Application P:\PRO-SE\SJ.JF\HC.09\Potts05849_ifp-eot.wpd

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(Docket No. 4.) Good cause appearing, the request is GRANTED. The necessary documentation must be filed with the Court 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:
1/20/10

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\Potts05849_ifp-eot.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JUSTON-MICHAEL TYLER POTTS, Petitioner, v. JAMES WALKER, Respondent. /

Case Number: CV09-05849 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. 1/27/10 , 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.

Justin-Michael Tyler Potts F-57586 CSP-Sacramento P.O. Box 290066 B-2-101 Represa, CA 95671 Dated: 1/27/10 Richard W. Wieking, Clerk