Velasquez v. Giurbino et al

Filing 8

ORDER by Judge ARMSTRONG granting 6 Motion for Extension of Time to File (lrc, COURT STAFF) (Filed on 6/22/2010)

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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 v. GEORGE J. GIURBINO, et al., Respondents. / RONALD VELASQUEZ, Petitioner, No. C 10-01814 SBA (PR) ORDER GRANTING PETITIONER AN EXTENSION OF TIME TO PAY THE FILING FEE OR FILE HIS CERTIFICATE OF FUNDS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Petitioner has 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 a notice to Petitioner, informing him that his action could not go forward until he paid the filing fee or filed a completed prisoner's in forma pauperis (IFP) application. The Clerk sent Petitioner a blank IFP application and told him that he must pay the fee or return the completed application within thirty days or his action would be dismissed. Thereafter, Petitioner filed a completed IFP application and prisoner trust account statement; however, he did not file copies of his certificate of funds. Before the Court is Petitioner's "Motion for Extension to Pay the Filing Fee of Five Dollars to This Court." The Court cannot conduct an initial review of this matter until Petitioner has either paid the filing fee or filed the requisite documents necessary to complete his 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). 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 for an extension of time to pay the requisite $5.00 filing fee in this action. 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 10-01814 SBA (PR). In the event that Petitioner is unable to pay the filing fee, he shall submit a 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 document within the thirty-day deadline shall result in dismissal of this action. The Clerk shall send Petitioner a blank IFP application along with a copy of this Order. This Order terminates Docket no. 6. IT IS SO ORDERED. DATED: 6/21/10 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE G:\PRO-SE\SBA\HC.10\Velasquez1814.EOT-Fee.wpd 2 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 RONALD VELASQUEZ, Plaintiff, v. GEORGE J. GIURBINO et al, Defendant. / Case Number: CV10-01814 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 June 22, 2010, 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. Ronald Velasquez T-45458 Pelican Bay State Prison P.O. Box 7500 SHU C6/113 Crescent City, CA 95531-7500 Dated: June 22, 2010 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk G:\PRO-SE\SBA\HC.10\Velasquez1814.EOT-Fee.wpd 3

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