Carter v. Foulk et al

Filing 9

ORDER by Judge ARMSTRONG granting 6 Motion EXTEND TIME TO FILE IFP APPLICATION (lrc, COURT STAFF) (Filed on 9/4/2008)

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: v. ED FOULK, et al.,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA BILLY RAY CARTER, Plaintiff, No. C 08-02795 SBA (PR) ORDER GRANTING PLAINTIFF'S REQUEST FOR AN EXTENSION OF TIME TO FILE COMPLETED PRISONER IFP APPLICATION FORM /

Defendants.

Plaintiff, a state prisoner, filed this pro se civil rights action under 42 U.S.C. § 1983. On that same date, the Clerk of the Court sent Plaintiff a notice directing him to pay the filing fee or to file a completed IFP application using the correct prisoner IFP application form. The Court ordered Plaintiff to pay the filing fee or to submit a completed IFP application form, trust account statement and certificate of funds; however, to date, Plaintiff has not done so. Instead, Plaintiff has filed a document entitled, "Addendum to Complaint" (docket no. 8), which the Court construes as a request for an extension of time to file a completed prisoner IFP application. 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 file a completed prisoner IFP application and submit the requisite documents will be extended up to and including thirty (30) days from the date of this Order. Failure to file the completed prisoner IFP application as ordered herein by the thirtyday deadline shall result in the dismissal of this action without prejudice. The Clerk of the Court shall send Plaintiff a blank prisoner IFP application form along with a copy of this Order. This Order terminates Docket no. 8. IT IS SO ORDERED. 8/29/08

SAUNDRA BROWN ARMSTRONG United States District Judge

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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

BILLY CARTER, Plaintiff, v. ED FOULK et al, Defendant. /

Case Number: CV08-02795 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 September 4, 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.

Billy Ray Carter NA 206839-3 Napa State Hospital 2100 Napa Valley Highway Napa, CA 94558 Dated: September 4, 2008 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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