Tillis v. Spearman

Filing 5

ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS; ORDER DIRECTING PETITIONER TO PAY FILING FEE BY DECEMBER 1, 2013 re 4 MOTION for Leave to Proceed in forma pauperis filed by John Tillis. Fees due by 12/2/2013. Signed by Judge William H. Orrick on 10/15/2013. (jmdS, COURT STAFF) (Filed on 10/15/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOHN TILLIS,

United States District Court
Northern District of California

Petitioner,
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v.
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M.E. SPEARMAN, Warden,
Respondent.

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Case No. 13-4123 WHO (PR)
ORDER DENYING APPLICATION
TO PROCEED IN FORMA
PAUPERIS;
ORDER DIRECTING PETITIONER
TO PAY FILING FEE BY
DECEMBER 1, 2013

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This is a federal habeas corpus action filed pursuant to 28 U.S.C. § 2254 by a pro se

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state prisoner. Presently before the Court is petitioner’s application to proceed in forma

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pauperis (“IFP”). (Docket No. 4.)

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In support of such application, petitioner submitted a Certificate of Funds in

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Prisoner’s Account signed by an authorized state official. The Certificate of Funds shows

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that the average deposits to petitioner’s account for the six months preceding the filing of

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the IFP application were $31.19, and the average balance in petitioner’s account for the

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same time period was $114.82.

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Based on the above, the Court finds that petitioner is able to afford the $5.00 filing

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fee in this action. Accordingly, petitioner’s application to proceed IFP is DENIED.

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Petitioner shall pay the $5.00 filing fee in this matter by submitting payment to the

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Clerk of the Court on or before December2, 2013. Petitioner’s failure to do so will

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result in the dismissal of this action for failure to prosecute under Federal Rule of Civil

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Procedure 41(b), and without further notice to petitioner.

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This order terminates Docket No. 4.

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IT IS SO ORDERED.

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Dated: October 15, 2013

_________________________
WILLIAM H. ORRICK
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JOHN TILLIS,

Case Number: CV13-04123 WHO

Plaintiff,

CERTIFICATE OF SERVICE

v.
M E SPEARMAN et al,
Defendant.

/

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 October 15, 2013, I SERVED a true and correct copy of the attached, by placing said
copy in a postage paid envelope addressed to the person hereinafter listed, by depositing said
envelope in the U.S. Mail.

John Tillis J-26546
California Training Facility Soledad
P.O. Box 684 Central
Soledad, CA 93960-0689

Dated: October 15, 2013
Richard W. Wieking, Clerk
By: Jean Davis, Deputy Clerk