Vega

Filing 5

ORDER EXTENDING TIME. Signed by Judge Phyllis J. Hamilton on 7/24/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 7/24/2012)

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 OAKLAND DIVISION 6 7 8 No. C 12-2811 PJH (PR) In re RUDY VEGA, ORDER EXTENDING TIME Plaintiff. / 9 This case was opened when plaintiff wrote a letter to the court regarding medical 11 For the Northern District of California United States District Court 10 care. In an effort to protect his rights, it was filed as a new case. Plaintiff was informed that 12 he had not paid the filing fee or applied for leave to proceed in forma pauperis (“IFP”). He 13 was allowed thirty days to either pay the fee or file the application. A copy of the court's 14 form for applications to proceed IFP was provided with the notice, along with a return 15 envelope. He has filed the IFP application, but page five, the “Certificate of Funds in 16 Inmate Account,” is not signed by an authorized officer at the prison, and the printout of 17 transactions in his inmate account does not cover the six months prior to filing, as required 18 by 28 U.S.C. § 1915(a)(2). At the same time he filed the IFP application he also filed a 19 letter that is difficult to follow, but in which he does clearly contend that prison authorities 20 refuse to sign “all forms.” 21 The court has received many lawsuits from prisoners at Salinas Valley State Prison, 22 where plaintiff is incarcerated, in which the plaintiffs were able to provide the necessary IFP 23 materials. If plaintiff will inquire from his counselor for the proper procedure, he should be 24 able to supply the missing certification and printout. The time for him to do so is 25 EXTENDED to August 20, 2012. 26 When the clerk sent plaintiff the IFP deficiency letter he did not send a notice 27 requiring plaintiff to file a complaint, but the court concludes that the letter would not be 28 manageable if it were treated as a complaint. Plaintiff therefore must file a complaint, on 1 the court’s form, by August 20, 2012. The clerk shall send plaintiff the court’s packet for 2 prisoner section 1983 suits with his copy of this order. If the IFP materials and a complaint 3 are not filed by the deadline, August 20, 2012, this case will be dismissed without prejudice. 4 5 6 IT IS SO ORDERED. Dated: July 24, 2012. PHYLLIS J. HAMILTON United States District Judge 7 8 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\PJH\CR.12\Vega2811.ext-p.wpd 2

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