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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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CLENARD CEBRON WADE,

No. C-13-4636 TEH (PR)

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ORDER FOR PETITIONER TO CLARIFY
HIS CURRENT ADDRESS AND TO FILE
CERTIFICATE OF FUNDS IN TRUST
ACCOUNT STATEMENT OR PAY FILING
FEE

Petitioner,
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v.
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FRED FOULK, Warden,
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United States District Court
For the Northern District of California

Respondent.
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/

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On October 5, 2012, Petitioner Clenard Cebron Wade, an

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inmate incarcerated at the High Desert State Prison (HDSP) in

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Susanville, California, filed a petition for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254 challenging a judgment of conviction

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from Contra Costa County Superior Court.

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Petitioner filed an application for leave to proceed in forma

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pauperis (IFP).

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Court sent to Petitioner at his address at HDSP was returned as

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undeliverable.

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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,

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“Clenard Cebron Wade, AA7245, High Desert State Prison, . . . ,” but

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that the return address on Petitioner’s envelop is, “Clenard Cebron

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Wade, AA7245/A2-137, High Desert State Prison, . . ."

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addressed its mail to the address on the petition, not the return

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address on the envelop.

Doc. #1, Attachment 1.

The Court

It is possible that

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Petitioner’s mail was returned as undeliverable because the Court

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did not include Petitioner’s full address on its mail to Petitioner.

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Therefore, the Clerk of the Court is directed to send this Order and

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re-send the mail it originally sent to Petitioner using the return

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address on Petitioner’s envelop.

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his current address with the Court, so that the Court may enter his

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complete address on the case docket.

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proceeding pro se must promptly file with the Court a notice of

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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

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result in dismissal of the action without prejudice when the Court

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fails to receive within sixty days a written communication

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indicating a current address).

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Furthermore, the Court notes that Petitioner’s IFP

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application is incomplete because he did not include a copy of a

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certificate of funds in trust account statement (COF) signed by an

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authorized prison official.

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required COF or pay the $5.00 filing fee within twenty-eight days

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from the date of this Order.

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Petitioner must either file the

CONCLUSION

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For the foregoing reasons, the Court orders as follows:

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1. The Clerk of the Court shall send this order and re-

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send the mail it originally sent to Petitioner at the return address

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on the envelop of his mail to the Court.

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2.

Within twenty–eight days from the date of this Order,

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Petitioner must either file the required COF or pay the $5.00 filing

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fee.

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3. Also, within twenty-eight days from the date of this

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Order, Petitioner must file a notice indicating his complete mailing

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address.

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IT IS SO ORDERED.

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DATED

10/24/2013
THELTON E. HENDERSON
United States District Judge

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