Wade v. Foulk

Filing 4

ORDER for Petitioner to Clarify His Current Address and to File Certificate of Funds in Trust Account Statement or Pay Filing Fee. Signed by Judge Thelton E. Henderson on 10/24/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 10/25/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 CLENARD CEBRON WADE, No. C-13-4636 TEH (PR) 8 ORDER FOR PETITIONER TO CLARIFY HIS CURRENT ADDRESS AND TO FILE CERTIFICATE OF FUNDS IN TRUST ACCOUNT STATEMENT OR PAY FILING FEE Petitioner, 9 v. 10 FRED FOULK, Warden, 11 United States District Court For the Northern District of California Respondent. 12 / 13 14 On October 5, 2012, Petitioner Clenard Cebron Wade, an 15 inmate incarcerated at the High Desert State Prison (HDSP) in 16 Susanville, California, filed a petition for a writ of habeas corpus 17 pursuant to 28 U.S.C. § 2254 challenging a judgment of conviction 18 from Contra Costa County Superior Court. 19 Petitioner filed an application for leave to proceed in forma 20 pauperis (IFP). 21 Court sent to Petitioner at his address at HDSP was returned as 22 undeliverable. 23 Doc. #2. Doc. #1. On the same day, On October 18, 2013, the mail that the Doc. #3. The Court notes that the address on the petition is, 24 “Clenard Cebron Wade, AA7245, High Desert State Prison, . . . ,” but 25 that the return address on Petitioner’s envelop is, “Clenard Cebron 26 Wade, AA7245/A2-137, High Desert State Prison, . . ." 27 addressed its mail to the address on the petition, not the return 28 address on the envelop. Doc. #1, Attachment 1. The Court It is possible that 1 Petitioner’s mail was returned as undeliverable because the Court 2 did not include Petitioner’s full address on its mail to Petitioner. 3 Therefore, the Clerk of the Court is directed to send this Order and 4 re-send the mail it originally sent to Petitioner using the return 5 address on Petitioner’s envelop. 6 his current address with the Court, so that the Court may enter his 7 complete address on the case docket. 8 proceeding pro se must promptly file with the Court a notice of 9 change of address specifying a new address; failure to do so may Petitioner must file a notice of See Civil L.R. 3-11 (party 10 result in dismissal of the action without prejudice when the Court 11 fails to receive within sixty days a written communication 12 indicating a current address). 13 Furthermore, the Court notes that Petitioner’s IFP 14 application is incomplete because he did not include a copy of a 15 certificate of funds in trust account statement (COF) signed by an 16 authorized prison official. 17 required COF or pay the $5.00 filing fee within twenty-eight days 18 from the date of this Order. 19 Petitioner must either file the CONCLUSION 20 For the foregoing reasons, the Court orders as follows: 21 1. The Clerk of the Court shall send this order and re- 22 send the mail it originally sent to Petitioner at the return address 23 on the envelop of his mail to the Court. 24 2. Within twenty–eight days from the date of this Order, 25 Petitioner must either file the required COF or pay the $5.00 filing 26 fee. 27 28 2 1 3. Also, within twenty-eight days from the date of this 2 Order, Petitioner must file a notice indicating his complete mailing 3 address. 4 IT IS SO ORDERED. 5 6 7 DATED 10/24/2013 THELTON E. HENDERSON United States District Judge 8 9 10 11 12 G:\PRO-SE\TEH\HC.13\Wade v Foulk 13-4636 Clafif Retd Mail.wpd 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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