Killian v. Hedgpeth

Filing 13

ORDER EXTENDING TIME TO PAY FILING FEE OR FILE COMPLETE IN FORMA PAUPERIS APPLICATION. Signed by Judge Phyllis J. Hamiton on 6/20/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 6/20/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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ROSS R. KILLIAN,
Petitioner,

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For the Northern District of California

United States District Court

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No. C 12-0706 PJH (PR)

vs.

ORDER EXTENDING TIME
TO PAY FILING FEE OR
FILE COMPLETE IN FORMA
PAUPERIS APPLICATION

ANTHONY HEDGPETH, Warden,
Respondent.
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This is a habeas case filed pro se by a state prisoner. The clerk sent petitioner a

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notice that his in forma pauperis (“IFP”) application was incomplete because he had not

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signed it; had not included the required signed certificate of funds in inmate account; and

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had not included a printout of transactions in his inmate account, as required by 28 U.S.C.

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§ 1915(a)(2) and the instructions. He was ordered to correct these deficiencies within thirty

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days or the case would be dismissed. The court granted petitioner’s subsequent motion for

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an extension of time to respond, extending the deadline to June 4, 2012.

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On May 23, 2012, petitioner filed an IFP application which was signed, but which

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again did not have the certificate of funds or the printout. He did attach a prison form

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showing that he had asked the trust department to provide those items. On June 5, 2012,

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the court received a letter from petitioner saying that he was still waiting to receive the IFP

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information, and asking if he could instead pay the five dollar filing fee in cash, which he

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stated he could afford to do.

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The clerk’s deficiency letter and the court’s order extending time both required

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petitioner to either (1) pay the five dollar filing fee; or (2) provide a complete IFP application.

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That is, the option to pay the fee has always been open to petitioner.

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The time for petitioner to either pay the fee or file a complete and correct IFP

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application is EXTENDED to June 29, 2012. No further extensions will be granted except

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in the most compelling circumstances.

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IT IS SO ORDERED.
Dated: June 20, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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G:\PRO-SE\PJH\HC.12\KILLIAN0706.pay fee.wpd

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