Mallett v. Sepulveda et al

Filing 17

ORDER Granting Plaintiff's Request for Extension of Time to File Copies of Certificate of Funds and Prisoner Trust Account Statement by Judge Yvonne Gonzalez Rogers granting 7 Motion for Extension of Time to File ; granting 14 Motion for Extension of Time to File.Plaintiff's request for extension of time is GRANTED; copies to be filed 30 days from the date of this Order. (Attachments: # 1 Certificate/Proof of Service) (fs, COURT STAFF) (Filed on 1/27/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 11-03632 YGR (PR)

JAMES ERIC MALLETT,

ORDER GRANTING PLAINTIFF'S
REQUEST FOR EXTENSION OF TIME
TO FILE COPIES OF CERTIFICATE OF
FUNDS AND PRISONER TRUST
ACCOUNT STATEMENT

Plaintiff,
vs.
DR. SEPULVEDA, et al.,
Defendants.

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Plaintiff, a state prisoner, filed this pro se civil rights action under 42 U.S.C. § 1983. On that

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same date, the Clerk of the Court sent Plaintiff a notice directing him to pay the filing fee or to file a

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completed in forma pauperis application. Plaintiff filed a completed in forma pauperis application;

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however, he did not file copies of his Certificate of Funds and prisoner trust account statement.

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In an Order dated September 12, 2011, the Court ordered Plaintiff to file copies of his

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Certificate of Funds and prisoner trust account statement by October 28, 2011; however, these

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documents are presently overdue.

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Plaintiff has filed a request for an extension of time to file copies of his Certificate of Funds

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and prisoner trust account statement. Plaintiff has also filed a document entitled, "Motion for

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Request of Notification of In Forma Pauperis," in which Plaintiff requests that the Clerk "notify him

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of when the Court receives the signed In Forma Pauperis papers." (Pl.'s Mot. at 2.) Because the

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Court has already informed Plaintiff above that the required documents have not yet been received,

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it will construe that motion as another request for an extension of time to file these documents.

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Having read and considered Plaintiff's request, and good cause appearing,

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IT IS HEREBY ORDERED that Plaintiff's request for an extension of time is GRANTED.

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The time in which Plaintiff may file copies of his Certificate of Funds and prisoner trust account

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statement will be extended up to and including thirty (30) days from the date of this Order.

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Failure to file copies of his Certificate of Funds and prisoner trust account statement as

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ordered herein by the thirty-day deadline shall result in the dismissal of this action without

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prejudice.

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United States District Court
For the Northern District of California

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This Order terminates Docket nos. 7 and 14.
IT IS SO ORDERED.

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DATED: January 27, 2012
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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G:\PRO-SE\YGR\CR.11\Mallett3632.EOT-IFPdocs.frm

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