Herndon v. Judge Sutro et al

Filing 9

ORDER GRANTING SECOND EXTENSION OF TIME TO COMPLETE IFP APPLICATION. Signed by Judge Haywood S. Gilliam, Jr. on 1/6/2016. (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 1/6/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GERROD HERNDON,
Plaintiff,

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v.
NAPA STATE HOSPITAL,

Case No. 15-cv-04948-HSG (PR)

Defendant.

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United States District Court
Northern District of California

ORDER GRANTING SECOND
EXTENSION OF TIME TO COMPLETE
IFP APPLICATION

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GERROD HERNDON,

Case No. 15-cv-5230-HSG (PR)

Plaintiff,
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v.
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JUDGE SUTRO, et al.,
Defendants.

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In October 2015, plaintiff, an inmate at the Sacramento County Jail, filed the above two

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pro se civil rights actions under 42 U.S.C. § 1983 in the United States District Court for the

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Eastern District of California. The Eastern District transferred both actions to this District. The

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Clerk thereafter notified plaintiff that his applications to proceed in forma pauperis (“IFP”) were

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not complete in that they did not include a certificate of funds completed and signed by a prison

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official or a trust account statement showing transactions and balances for the last six months. In

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November 2015, plaintiff filed a new IFP application in each case, but the applications were still

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missing the required forms. On December 2, 2015, the Court granted plaintiff an extension of

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time to January 4, 2016 to file a complete IFP application in each case.
After the Court’s December 2, 2015 order was returned as undeliverable in C 15-4948, the

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Court learned that plaintiff had been moved to a different facility within the Sacramento County

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Jail. The Court re-sent its December 2, 2015 order to plaintiff at his new address.

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In the interest of justice, the Court will grant plaintiff a second extension of time to file the

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missing certificate of funds and prison trust account statement, to no later than thirty (30) days

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from the date this order is filed. Plaintiff should file a separate complete IFP application for each

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case. In the alternative, plaintiff may pay the full $400.00 filing fee for each case. The Clerk shall

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send plaintiff two blank prisoner IFP applications along with a copy of this order.

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Failure to respond in accordance with this order in the time provided may result in

United States District Court
Northern District of California

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dismissal of this case without prejudice for failure to pay the filing fee without further notice

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to plaintiff.

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IT IS SO ORDERED.
Dated: 1/6/2016

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HAYWOOD S. GILLIAM, JR.
United States District Judge

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