In re Jose Luis Rico

Filing 8

ORDER by Judge Saundra Brown Armstrong, GRANTING Request for Extension of Time re 7 Prisoner Trust Fund Account Statement. Petitioner shall pay the $5.00 filing fee or submit his Certificate of Funds no later than (30) thirty-days from the date of this Order. Signed by Judge ARMSTRONG, on 3/4/09. (lrc, COURT STAFF) (Filed on 3/5/2009) Modified on 3/6/2009 (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 the In re JOSE LUIS RICO, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA No. C 08-05338 SBA (PR) ORDER GRANTING PETITIONER AN EXTENSION OF TIME TO PAY FILING FEE OR FILE CERTIFICATE OF FUNDS / Petitioner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner filed an in forma pauperis application; however, he did not file a copy of his Certificate of Funds and prisoner trust account statement. In an Order dated January 21, 2009, the Court directed Plaintiff to pay the filing fee or file requisite documents within thirty days. The thirty-day deadline has passed, and Plaintiff has failed to pay the filing fee. Instead, he has filed his prisoner trust account statement. He has also filed a letter requesting an extension of time to pay the filing fee. Accordingly, the Court GRANTS Petitioner's request. Petitioner shall pay the requisite $5.00 filing fee in this action no later than thirty (30) days from the date of this Order. He shall include with his payment a clear indication that it is for the above-referenced case number, C 0805338 SBA (PR). In the event that Petitioner is unable to pay the filing fee, he shall submit his Certificate of Funds no later than thirty (30) days from the date of this Order. Failure to pay the filing fee or file his Certificate of Funds within the thirty-day deadline shall result in dismissal of this action. IT IS SO ORDERED. DATED: 3/4/09 SAUNDRA BROWN ARMSTRONG United States District Judge P:\PRO-SE\SBA\HC.08\Rico5338.EOT-fee.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 P:\PRO-SE\SBA\HC.08\Rico5338.EOT-fee.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JOSE LUIS RICO, Plaintiff, v. / et al, Defendant. / Case Number: CV08-05338 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 March 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 Luis Rico G01731 California Medical Facility P.O. Box 2000 Vacaville, CA 95696-2000 Dated: March 5, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 2

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