Baxter v. Attorney General For The State Of California et al

Filing 7

ORDER GRANTING EXTENSION OF TIME TO PAY FILING FEE OR FILE IN FORMA PAUPERIS APPLICATION. FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER.. Signed by Judge James Ware on 4/22/2009. (ecg, COURT STAFF) (Filed on 4/29/2009)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California JAMES PAUL BAXTER, Petitioner, vs. ATTORNEY GENERAL, et al., Respondent(s). 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) No. C 08-05289 JW (PR) ORDER GRANTING EXTENSION OF TIME TO PAY FILING FEE OR FILE IN FORMA PAUPERIS APPLICATION On November 21, 2008, petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On the same day, the clerk of the court sent a notice to petitioner that he must either submit an application to proceed in forma pauperis or pay the filing fee within thirty days or the action would be dismissed. On December 8, 2008, petitioner filed an in forma pauperis application which is insufficient for the following reasons: (1) the Certificate of Funds in Prisoner's Account was not completed and signed by an authorized officer of the institution; and (2) petitioner failed to attach a copy of his prisoner trust account statement showing transactions for the last six months. In a letter filed December 5, 2008, (Docket No. 4), petitioner indicates that he can afford the $5.00 filing fee. Accordingly, petitioner is granted thirty (30) days Order Granting Extension of Time to Pay Filing Fee or File IFP P:\PRO-SE\SJ.JW\HC.08\Baxter05289_ifp-ext.wpd 1 2 3 4 5 6 7 8 9 10 from the date of this order to either pay the filing fee or file a complete in forma pauperis application with the necessary documents. FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER. April 22, 2009 DATED: JAMES WARE United States District Judge United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting Extension of Time to Pay Filing Fee or File IFP P:\PRO-SE\SJ.JW\HC.08\Baxter05289_ifp-ext.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JAMES PAUL BAXTER, Petitioner, v. ATTORNEY GENERAL, et al., Respondent(s). / Case Number: CV08-05289 JW CERTIFICATE OF SERVICE I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 4/29/2009 , I SERVED a true and correct copy(ies) of the attached, That on by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. James Paul Baxter V-08374 Martinez Detention Facility 901 Court Street Martinez, Ca 94553 Dated: 4/29/2009 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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