Rodarte v. Spearman

Filing 7

ORDER TO PAY FILING FEE; DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS. Signed by Judge JEFFREY S. WHITE on 11/5/12. (jjoS, COURT STAFF) (Filed on 11/5/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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GUSTAVO RODARTE,

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Petitioner,

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vs.
M.E. SPEARMAN, Warden,
Respondent.

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No. C 12-5340 JSW (PR)
ORDER TO PAY FILING FEE;
DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS

(Docket No. 3)

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Petitioner, a prisoner of the State of California, has filed a habeas corpus petition
pursuant to 28 U.S.C. § 2254. Petitioner has filed an application to proceed in forma
pauperis (“IFP”). The application indicates that for the six months prior to filing his
petition, Petitioner’s prison trust account had average monthly balances of over four
hundred dollars. He has more than enough money to pay the modest $5.00 filing fee. The
IFP application (docket number 3) is DENIED.
Within 28 days of the date this order is filed, Petitioner shall pay the $5.00
filing fee by mailing it to the Clerk of Court with a clear indication that it is for case
number C 12-5340 JSW (PR)). Petitioner’s failure to pay the filing fee in accordance
with this order will result in the dismissal of this matter.
IT IS SO ORDERED.
DATED: November 5, 2012
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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GUSTAVO RODARTE,
Plaintiff,

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Case Number: CV12-05340 JSW
CERTIFICATE OF SERVICE

v.
M.E. SPEARMAN et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 5, 2012, I SERVED a true and correct copy(ies) of the 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.

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Gustavo Rodarte C-72196
P.O. Box 689-YW-312
Soledad, CA 93960

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Dated: November 5, 2012

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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk