Naranjio v. Curry et al

Filing 4

ORDER REGARDING IN FORMA PAUPERIS MOTION. Signed by Judge Claudia Wilken on 2/5/09. (scc, COURT STAFF) (Filed on 2/5/2009)

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 v. JOSE NARANJIO,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 08-04769 CW (PR) ORDER REGARDING IN FORMA PAUPERIS MOTION

Petitioner,

B. CURRY, Warden, et al., Respondents. /

Petitioner filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On that same date, the Clerk of the

Court sent Petitioner a notice directing him to pay the filing fee or to file a completed in forma pauperis (IFP) application. Petitioner filed an IFP application and filed a copy of his Certificate of Funds but did not file his six-month prisoner trust account statement. The Court cannot conduct an initial review of this matter until Petitioner has either paid the filing fee or submitted a complete IFP application. See 28 U.S.C. § 1915(a) (a party is

permitted to file a civil action in federal court without prepayment of fees or security if he makes affidavit that he is unable to pay such fees or give security therefor). If the

petitioner is a prisoner who alleges that he is unable to pay the full filing fee at the time of filing, he must submit: (1) an affidavit that includes a statement of all assets he possesses, and (2) a certified copy of the trust fund account statement for the prisoner for the six-month period immediately preceding the filing of the action, obtained from the appropriate official of each prison at which the prisoner is or was confined. See id.

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

§ 1915(a)(1), (2).

If the Court determines that the petitioner is

unable to pay the full filing fee at the time of filing, the petitioner will be granted leave to proceed IFP. Therefore, before the Court will proceed to review the complaint Petitioner is hereby ORDERED to file his six-month prisoner trust account statement. He shall include with this

document a clear indication that it is for the above-referenced case number, C 08-04769 CW (PR). Petitioner shall do so within thirty (30) days of the date of this Order. Failure to file a copy of Petitioner's six-month prisoner trust account statement as ordered herein by the thirty-day deadline shall result in the dismissal of this action without prejudice. IT IS SO ORDERED. DATED: 2/5/09 CLAUDIA WILKEN 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 JOSE NARANJIO, Plaintiff, v. B. CURRY et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-04769 CW 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 February 5, 2009, 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.

Jose Naranjio E-45614 CTF-Central Soledad State Prison P.O. Box 689 Soledad, CA 93960-0689 Dated: February 5, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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