Ellis v. Navarro et al

Filing 16

ORDER by Judge ARMSTRONG granting 15 Motion for Extension of Time to Pay Partial Filing Fee. Plaintiff to pay initial partial filing fee within (30) thirty-days from the date of this Order. (lrc, COURT STAFF) (Filed on 11/7/2008) Modified on 11/10/2008 (jlm, COURT STAFF).

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1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED: 11/5/08 v. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA NICHOLAS BART ELLIS, Plaintiff, No. C 07-05126 SBA (PR) ORDER GRANTING PLAINTIFF'S SECOND EXTENSION OF TIME TO PAY INITIAL PARTIAL FILING FEE SERGEANT A. NAVARRO, et al., Defendants. / Plaintiff, a state prisoner, filed this pro se civil rights action under 42 U.S.C. 1983. Plaintiff filed a completed in forma pauperis (IFP) application. Leave to proceed IFP was granted, and Plaintiff was ordered to pay an initial partial filing fee of $3.25. See 28 U.S.C. 1915(b)(1). Plaintiff has filed a request for a second extension of time to pay the initial partial filing fee. Having read and considered Plaintiff's request, and good cause appearing, IT IS HEREBY ORDERED that Plaintiff's request for an extension of time is GRANTED. The time in which Plaintiff may pay the initial partial filing fee will be extended up to and including thirty (30) days from the date of this Order. Failure to pay the initial partial filing fee as ordered herein by the thirty-day deadline shall result in the dismissal of this action without prejudice. If Plaintiff contends he cannot pay the fee within that time, he may again request extension of time to pay the initial partial filing fee. However, such a request must be accompanied by evidentiary support that he cannot afford pay it, in the form of a copy of his inmate account statement. This Order terminates Docket no. 15. IT IS SO ORDERED. SAUNDRA BROWN ARMSTRONG United States District Judge P:\PRO-SE\SBA\CR.07\Ellis5126.2ndEOT-PartialFee.wpd 1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA NICHOLAS BART ELLIS, Plaintiff, v. SERGEANT A. NAVARRO et al, Defendant. / Case Number: CV07-05126 SBA CERTIFICATE OF SERVICE 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 November 7, 2008, 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. Nicholas Bart Ellis K-16024 Pelcian Bay State Prison P.O. Box 7500 Crescent City, CA 95532 Dated: November 7, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk P:\PRO-SE\SBA\CR.07\Ellis5126.2ndEOT-PartialFee.wpd 2

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