Gore v. Horel

Filing 17

ORDER by Judge Claudia Wilken GRANTING 16 EXTENSION OF TIME TO FILE APPLICATION TO PROCEED IN FORMA PAUPERIS ON APPEAL; DENYING AS MOOT 15 REQUEST FOR EXTENSION OF TIME TO FILE NOTICE OF APPEAL. (ndr, COURT STAFF) (Filed on 12/1/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 08-04365 CW (PR)

ANTHONY CLARK GORE,

Ninth Circuit Case No. 11-17705

Petitioner,
v.

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ROBERT HOREL, Warden,

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Respondent.

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(Docket nos. 15 & 16)

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ORDER GRANTING EXTENSION OF TIME
TO FILE APPLICATION TO PROCEED
IN FORMA PAUPERIS ON APPEAL;
DENYING AS MOOT REQUEST FOR
EXTENSION OF TIME TO FILE NOTICE
OF APPEAL

Petitioner filed the present pro se petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254, challenging the

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constitutional validity of his state conviction.

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the $5.00 filing fee.

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Petitioner paid

On August 15, 2011, the Court denied the petition on the

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merits and granted a certificate of appealability.

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Petitioner filed a notice of appeal and was informed by the Ninth

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Circuit that he either must pay the filing fee or submit a

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completed application for leave to proceed in forma pauperis (IFP)

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to the district court.

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in which to file his IFP application.

Subsequently,

Petitioner now seeks an extension of time

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Good cause appearing, Petitioner's request is GRANTED.

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Petitioner shall file his IFP application no later than thirty (30)

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days from the date of this Order.

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Petitioner's request to reopen the time to file his notice of

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appeal is DENIED as moot because Petitioner's appeal has been

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assigned a case number and is pending in the Ninth Circuit.

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United States District Court
For the Northern District of California

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The Clerk of the Court shall provide a copy of this Order to
the Ninth Circuit.
This Order terminates Docket nos. 15 and 16.
IT IS SO ORDERED.
Dated: 12/01/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY C. GORE,

Case Number: CV08-04365 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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United States District Court
For the Northern District of California

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v.
ROBERT A. HOREL et al,
Defendant.

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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 December 1, 2011, 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.

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Anthony Clark Gore F-01081
B8-220
California State Prison - Sacramento
P.O. Box 290066
Represa, CA 95671

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Clerk’s Office
U.S. Court of Appeal
95 Seventh Street
San Francisco, CA 94103-1526

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Dated: December 1, 2011

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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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