Rhine v. United States District Court Northern District of California

Filing 6

ORDER GRANTING re 5 MOTION for Extension of Time to File In Forma Pauperis Application; Denying Other Motion. Signed by Judge Jeremy Fogel on 9/25/08. (dlm, COURT STAFF) (Filed on 10/3/2008)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

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For the Northern District of California

JOHN S. RHINE,

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) ) Plaintiff, ) ) vs. ) ) ) United States District Court Northern ) ) District of California, ) ) Defendant. )

No. C 08-03935 JF (PR) ORDER GRANTING EXTENSION OF TIME TO FILE IN FORMA PAUPERIS APPLICATION; DENYING OTHER MOTION

(Docket No. 5)

On August 18, 2008, Plaintiff filed this pro se civil rights action. On that same day, the clerk of the Court sent a notification to Plaintiff that his application for leave to proceed in forma pauperis was insufficient because Plaintiff did not submit a Certificate of Funds in Prisoner's Account and a copy of his prisoner trust account statement showing transactions for the last six months. The notification included the warning that the case would be dismissed if Plaintiff failed to respond within thirty days. On September 11, 2008, Plaintiff filed another application which is insufficient for the same reasons above. (Docket No. 4.) On the same day, Plaintiff filed a request for an extension of time to file the
Order Granting Extension of Time to file IFP Application P:\PRO-SE\SJ.JF\CR.08\Rhine03935_ifp-eot.wpd

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necessary documents. (Docket No. 5.) Plaintiff also requested an "official exten[s]ion of times [sic] on summons and service of notice of complaint for 60 days." (Id.) Good cause appearing, the Court will GRANT the motion and extend the time an additional thirty days for Plaintiff to file the necessary documents, i.e., a Certificate of Funds in Prisoner's Account and a copy of his prisoner trust account statement showing transactions for the last six months. The documents must be filed with the Court no later than October 18, 2008. Failure to comply with the Court's order in a timely manner will result in the dismissal of the case without prejudice for failure to pay the filing fee. Plaintiff's request for an extension of time regarding the summons and notice of complaint is DENIED as premature since the complaint has yet to undergo an initial review. This order terminates Docket No. 5.
9/25/08

United States District Court

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For the Northern District of California

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DATED:

JEREMY FOGEL United States District Judge

Order Granting Extension of Time to file IFP Application P:\PRO-SE\SJ.JF\CR.08\Rhine03935_ifp-eot.wpd

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