Thomas

Filing 10

ORDER granting re 9 Request for Extension of Time to File IFP filed by Ronald Dometrious Thomas. Signed by Judge Vince Chhabria on 10/6/2014. (knm, COURT STAFF) (Filed on 10/6/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONALD DOMETRIOUS THOMAS,

Case No. 14-cv-03273-VC

Plaintiff,
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v.
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FRED FOULK,
Defendant.

Re: Dkt. No. 9

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United States District Court
Northern District of California

ORDER GRANTING PETITIONER'S
SECOND REQUEST FOR EXTENSION
OF TIME TO FILE PETITION AND IFP
APPLICATION

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On July 21, 2014, Petitioner Ronald Thomas, a prisoner at High Desert State Prison, filed a

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letter indicating that he wished to file a petition for a writ of habeas corpus. On the same date, the

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Clerk of the Court sent Thomas written notice that he must file a petition on the Court's form and

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he must file a completed application to proceed informa pauperis ("IFP") within twenty-eight days

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or his case would be dismissed for failure to prosecute. Thomas sent a letter requesting an

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extension of time to file these documents. On September 5, 2014, the Court granted Thomas’

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request to October 3, 2014.

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On September 15, 2014, Thomas sent another letter requesting an extension of time to file

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the required documents. He explains that he does not have his legal documents and does not know

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the case numbers of his state court cases so that he cannot complete the form for a petition for a

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writ of habeas corpus. He states that he has written to the California Supreme Court to get a copy

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of his state petition for a writ of habeas corpus, but the Court has not replied to him. He states that

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he has requested that his sister contact the attorney who represented him in state court to obtain a

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copy of his state petition, but his sister has not responded.

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The Court will grant Thomas another extension of time to file his petition and his

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application to proceed IFP. However, an indefinite extension cannot be granted. Given Thomas’

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circumstances, the Court will grant him forty-two days from October 3, 2014. This means his

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petition and IFP application are due on November 14, 2014. If the required documents are not

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filed by November 14, 2014, this case will be dismissed without prejudice to refiling when

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Thomas is able to file the required documents.

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Based on the foregoing, Thomas’ second request for an extension of time is granted. His
documents are now due on or before November 14, 2014.
IT IS SO ORDERED.
Dated: October 6, 2014
______________________________________
VINCE CHHABRIA
United States District Judge

United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RONALD DOMETRIOUS THOMAS,

Case No. 14-cv-03273-VC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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FRED FOULK,
Defendant.

United States District Court
Northern District of California

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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 10/6/2014, 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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Ronald Dometrious Thomas ID: T-43909
High Desert State Prison
P.O. Box 3030
Bldg D-1 117
Susanville, CA 96127

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Dated: 10/6/2014

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Richard W. Wieking
Clerk, United States District Court

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By:________________________
Kristen Melen, Deputy Clerk to the
Honorable VINCE CHHABRIA

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