Council v. Swarthout

Filing 4

ORDER REGARDING INCOMPLETE PETITION AND IN FORMA PAUPERIS APPLICATION. Signed by Judge Yvonne Gonzalez Rogers on 1/30/2013. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/30/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 13-00084 YGR (PR)

In re MATTHEW L. COUNCIL,

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ORDER REGARDING INCOMPLETE
PETITION AND IN FORMA PAUPERIS
APPLICATION

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United States District Court
For the Northern District of California

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Petitioner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. The Court notes that the petition form is missing pages one through five. Therefore,
Petitioner is GRANTED twenty-eight (28) days from the date of this Order to amend the petition to
provide the missing pages. If he does not amend within that time, the petition will be dismissed for
failure to comply with Federal Rule of Civil Procedure 41(b).
Moreover, Petitioner filed an in forma pauperis application; however, he did not file a copy
of his Certificate of Funds signed by the proper prison official. 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 twenty-eight (28) 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 13-00084 YGR (PR). In the event that Petitioner is unable to pay the filing fee, he shall submit a
signed Certificate of Funds no later than twenty-eight (28) days from the date of this Order.
Failure to supply the missing pages of the petition, pay the filing fee, or file the requisite
documents within the twenty-eight-day deadline shall result in dismissal of this action without
prejudice.
IT IS SO ORDERED.
DATED: January 30, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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