Luna v. Curry

Filing 4

ORDER: That Petitioner shall pay the $5.00 filing fee or submit a trust account statement and certificate of funds no later than (30) thirty-days from the date of this Order re 3 Letter. Signed by Judge Saundra Brown Armstrong, on 4/22/09. (lrc, COURT STAFF) (Filed on 4/27/2009) Modified on 4/28/2009 (jlm, COURT STAFF). Modified on 5/21/2009 (jlm, COURT STAFF).

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. BEN CURRY, Warden, BALTAZAR P. LUNA, Petitioner,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 09-00474 SBA (PR) ORDER REGARDING IN FORMA PAUPERIS MOTION

Respondent.

/

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 (hereinafter "IFP") application; however, he did not file copies of the Certificate of Funds and prisoner trust account statement. The Court cannot conduct an initial review of this matter until Petitioner has either paid the filing fee or filed a completed IFP application with the requisite documents. 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 an affidavit that he is unable to pay such fees or give security therefor). Accordingly, 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 09-00474 SBA (PR). In the event that Petitioner is unable to pay the filing fee, he shall submit the 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. IT IS SO ORDERED. DATED: 4/22/09 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

BALTAZAR P. LUNA, Plaintiff, v. BEN CURRY et al, Defendant. /

Case Number: CV09-00474 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 April 27, 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.

Baltazar P. Luna D-32948 Correctional Training Facility P.O. Box 689 Soledad, CA 93960 Dated: April 27, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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