Barton v. People of the State of California

Filing 9

ORDER REOPENING CASE; ORDER DEYING APPLICATION TO PROCEED IN FORMA PAUPERIS. VACATING 6 Order Dismissing Case AND 7 Judgment. ORDER DIRECTING PETITIONER TO PAY FILING Fee due by 10/2/2017. Signed by Chief Magistrate Judge Joseph C. Spero on 8/28/17. (klhS, COURT STAFF) (Filed on 8/28/2017)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 WILLIAM RAY BARTON, United States District Court Northern District of California Petitioner, 12 ORDER REOPENING ACTION; v. 13 14 Case No. 17-cv-00945-JCS (PR) DAVID BAUGHMAN, Respondent. 15 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS; ORDER DIRECTING PETITIONER TO PAY FILING FEE BY OCTOBER 2, 2017 16 17 18 This federal habeas action was dismissed because petitioner failed to pay the filing 19 fee or perfect his application to proceed in forma pauperis (“IFP”). He since has filed a 20 complete IFP application. This action is REOPENED. The Clerk is directed to amend the 21 docket accordingly. The judgment (Dkt. No. 7) and the order of dismissal (Dkt. No. 6) are 22 VACATED. 23 In support of his IFP application, petitioner submitted a certificate of funds. The 24 certificate shows that the average deposits to petitioner’s account for the six months 25 preceding the filing of the IFP application were $143.33, and the average balance in his 26 account for the same time period was $83.69. 27 28 1 Based on the above, the Court finds that petitioner is able to afford the $5.00 filing 2 fee in this action. Accordingly, his application to proceed IFP is DENIED. Petitioner 3 shall pay the $5.00 filing fee in this matter by submitting payment to the Clerk of the 4 Court on or before October 2, 2017. No extensions of time will be granted. Failure to 5 comply with this order will result in the dismissal of this action. 6 The Clerk shall amend the docket to reflect that David Baughman, the warden of 7 the prison in which petitioner is housed, is the sole respondent in this action. Petitioner 8 erroneously named the People of the State of California. Baughman, not the People, is the 9 sole proper respondent in this action, as he is the custodian having day-to-day control over petitioner, the only person who can produce “the body” of the petitioner. Brittingham v. 11 United States District Court Northern District of California 10 United States, 982 F.2d 378, 379 (9th Cir. 1992) (quoting Guerra v. Meese, 786 F.2d 414, 12 416 (D.C. Cir. 1986)). 13 14 IT IS SO ORDERED. Dated: August 28, 2017 _________________________ JOSEPH C. SPERO Chief Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WILLIAM RAY BARTON, Case No. 17-cv-00945-JCS Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 United States District Court Northern District of California 11 12 13 14 15 PEOPLE OF THE STATE OF CALIFORNIA, Defendant. 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 August 28, 2017, 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. 16 17 18 William Ray Barton ID: B71646 Cal. State Prison-Sacramento P.O. Box 290066 Represa, CA 95671 19 21 Prison Trust Account for William Ray Barton Cal. State Prison-Sacramento P.O. Box 290066 Represa, CA 95671 22 USDC- Finance 23 Dated: August 28, 2017 20 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Karen Hom, Deputy Clerk to the Honorable JOSEPH C. SPERO 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?