Nguyen v. Warden

Filing 4

ORDER DIRECTING PETITIONER TO PAY FILING FEE OR FILE AN APPLICATION TO PROCEED IN FORMA PAUPERIS; INSTRUCTIONS TO CLERK. Signed by Judge Richard Seeborg on 10/28/10. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 10/29/2010)

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Nguyen v. Warden Doc. 4 1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No. C 10-4126 RS (PR) ORDER WITH DIRECTIONS TO PETITIONER *E-Filed 10/29/10* UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION PHONG K. NGUYEN, Petitioner, v. BEN CURRY, Warden, Respondent. / No. C 10-4126 RS (PR) ORDER DIRECTING PETITIONER TO PAY FILING FEE OR FILE AN APPLICATION TO PROCEED IN FORMA PAUPERIS; INSTRUCTIONS TO CLERK This is a federal habeas corpus action filed by a pro se state prisoner pursuant to 28 U.S.C. 2254. Petitioner was ordered to file a complete application to proceed in forma pauperis ("IFP"), or pay the filing fee of $5.00, by October 14, 2010, or face dismissal of the action. Petitioner has submitted neither, but, in a letter to the Court, asserts that the officials at Soledad State Prison said that they had sent off his IFP application. The Court, however, has received no such filing. Accordingly, within 30 days from the date of this order, petitioner must (1) pay the filing fee of $5.00, or (2) file a completed IFP form along with the supporting documentation of a certificate of funds completed by an authorized prison officer and a prison trust account statement showing transactions for the last six months. Failure to comply with this order within 30 days will result in dismissal of the petition without further Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 notice to petitioner. As this is petitioner's second notice regarding his compliance with the filing fee requirement, no extensions of time will be granted. The proper respondent in this action is Ben Curry, the current Warden at Soledad State Prison, where petitioner is incarcerated, rather than the originally-named respondent, WARDEN. See Fed. R. Civ. P. 25(d). Accordingly, the Clerk shall substitute BEN CURRY as the respondent. IT IS SO ORDERED. DATED: October 28, 2010 RICHARD SEEBORG United States District Judge 2 No. C 10-4126 RS (PR) ORDER WITH DIRECTIONS TO PETITIONER

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