Rhine v. Warden CRC et al

Filing 6

ORDER GRANTING Extension of Time to File in forma pauperis application; and Denying Other Motion re 4 , 5 . Signed by Judge Jeremy Fogel on 9/18/08. (dlm, COURT STAFF) (Filed on 9/23/2008)

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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, Plaintiff, vs. WARDEN CRC, et al., Defendants.

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No. C 08-03936 JF (PR) ORDER GRANTING EXTENSION OF TIME TO FILE IN FORMA PAUPERIS APPLICATION; DENYING OTHER MOTION

(Docket Nos. 4 & 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 attach 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 10, 2008, Plaintiff filed a request for an extension of time to file the necessary statement. (Docket No. 4.) Plaintiff also requested an "official exten[s]ion of times [sic] on summons and notice of complaint for 60 days." (Docket No. 5.)
Order Granting Extension of Time to file IFP Application P:\PRO-SE\SJ.JF\CR.08\Rhine03936_ifp-eot.wpd

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Good cause appearing, the Court will GRANT the request for an extension of time to complete the in forma pauperis application (Docket No. 4) and extend the time an additional thirty days for Plaintiff to file the necessary prisoner trust account statement. The statement 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 (Docket No. 5) is DENIED as premature since the complaint has yet to undergo an initial review. This order terminates Docket Nos. 4 and 5.
9/18/08

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\Rhine03936_ifp-eot.wpd

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