Herndon v. Judge Sutro et al

Filing 7

ORDER GRANTING PLAINTIFF EXTENSION OF TIME TO COMPLETE 6 IFP APPLICATION. Signed by Judge Haywood S. Gilliam, Jr. on 12/2/2015. (ndrS, COURT STAFF) (Filed on 12/2/2015)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 GERROD LONZELL HERNDON, Plaintiff, United States District Court Northern District of California 11 12 13 Case No. 15-cv-05230-HSG (PR) v. JUDGE SUTRO, et al., ORDER GRANTING PLAINTIFF EXTENSION OF TIME TO COMPLETE IFP APPLICATION Defendants. 14 15 16 On October 29, 2015, plaintiff, an inmate at the Sacramento County Jail, filed this pro se 17 civil rights action under 42 U.S.C. § 1983 in the United States District Court for the Eastern 18 District of California. The Eastern District thereafter transferred the action to this District. On 19 November 16, 2015, the Clerk notified plaintiff that his application to proceed in forma pauperis 20 (“IFP”) was not complete in that it did not include a certificate of funds completed and signed by a 21 prison official or a trust account statement showing transactions and balances for the last six 22 months. On November 27, 2015, plaintiff filed another IFP application, but it was still missing the 23 required forms. Specifically, in the signature line of the certificate of funds is written “c/o” in 24 what appears to be plaintiff’s handwriting. And plaintiff again failed to submit a trust account 25 statement. 26 In the interest of justice, the Court will grant plaintiff an extension of time to file the 27 missing certificate of funds and prison trust account statement, no later than thirty (30) days from 28 the date this order is filed. In the alternative, plaintiff may pay the full $400.00 filing fee. 1 Failure to respond in accordance with this order in the time provided may result in 2 dismissal of this case without prejudice for failure to pay the filing fee without further notice 3 to plaintiff. 4 5 IT IS SO ORDERED. Dated: 12/2/2015 6 ________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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