Ventura v. Sisto et al

Filing 4

ORDER re 3 GRANTING PETITIONER AN EXTENSION OF TIME TO PAY THE FILING FEE OR FILE IN FORMA PAUPERIS APPLICATION. Signed by Judge Claudia Wilken on 2/2/09. (scc, COURT STAFF) (Filed on 2/2/2009)

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. D. K. SISTO, Warden, et al., Respondents. / ANTONIO VENTURA, Petitioner, No. C 08-05629 CW (PR) ORDER GRANTING PETITIONER AN EXTENSION OF TIME TO PAY THE FILING FEE OR FILE IN FORMA PAUPERIS APPLICATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

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 requisite $5.00 filing fee or to file a completed in forma pauperis (IFP) application. The Court cannot conduct an initial review of this

matter until Petitioner has either paid the filing fee or completed an 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). Petitioner has filed a request for an extension of time to pay the requisite $5.00 filing fee in this action.

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

Accordingly, the Court grants Petitioner's request.

No later

than thirty (30) days from the date of this Order, Petitioner shall pay the $5.00 filing fee and include with his payment a clear indication that it is for the above-referenced case number, C 0805629 CW (PR). In the event that Petitioner is unable to pay the

filing fee, he shall submit an IFP application, trust account statement and certificate of funds no later than thirty (30) days from the date of this Order. Failure to pay the filing fee or file

the requisite documents within the thirty-day deadline shall result in dismissal of this action. The Clerk of the Court shall send Petitioner a blank prisoner IFP application form along with his copy of this Order. IT IS SO ORDERED. Dated: 2/2/09 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 Antonio Ventura H-14763 CSP- Solano P.O. Box 4000 Vacaville, CA 95696-4000 Dated: February 2, 2009 v. D.K. SISTO et al, Defendant. ANTONIO VENTURA, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-05629 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 2, 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.

w/ blank prisoner IFP application form

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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