Sashinger v. North County Jail

Filing 5

ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION; REQUESTING JAIL OFFICIALS TO ASSIST PLAINTIFF. The Court grants plaintiff an extension of time to file a complete in forma pauperis application, with the necessary suppo rting documents, within thirty (30) days from the date this order is filed. To this end, the Court requests the financial office of the North County Jail, the place of plaintiff's current confinement, to assist plaintiff in filing a complete in forma pauperis application in a timely manner. Failure to respond in accordance with this order in the time provided may result in dismissal of this case without prejudice for failure to pay the filing fee without further notice to plaintiff. The clerk shall enclose two copies of the court's form In Forma Pauperis Application with a copy of this order to plaintiff. Signed by Judge James Ware on 8/2/2010. (Attachments: # 1 Prisoner IFP)(ecg, COURT STAFF) (Filed on 8/4/2010)

Sashinger v. North County Jail

Doc. 5

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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

GARRETT BURTON SASHINGER, Plaintiff, vs. NORTH COUNTY JAIL, Defendant.

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No. C 10-01351 JW (PR) ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION; REQUESTING JAIL OFFICIALS TO ASSIST PLAINTIFF

On March 30, 2010, plaintiff filed this pro se civil rights pursuant to 42 U.S.C. § 1983, against the North County Jail in Oakland, California. The same day, the clerk of the Court sent a notification to plaintiff that the in forma pauperis application he filed with his complaint was insufficient for the following reasons: 1) plaintiff used the incorrect form; 2) the application was not completed in its entirety; 3) plaintiff did not submit a Certificate of Funds in Prisoner's Account completed and signed by an authorized officer at the prison; and 4) plaintiff did not attach a copy of his prisoner trust account statement showing transactions for the last six months. (Docket No. 2.) On May 10, 2010, plaintiff filed a letter and another forma pauperis application which is again deficient for the following reasons: 1) plaintiff failed to sign and date the form; 2) plaintiff did not submit a Certificate of Funds in Prisoner's Account
Order Granting Ext. of Time to File Complete IFP App. N:\Pro - Se & Death Penalty\August 2010\10-01351Sashinger01351_ifp-eot.wpd

Dockets.Justia.com

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completed and signed by an authorized officer at the prison; and 3) plaintiff did not attach a copy of his prisoner trust account statement showing transactions for the last six months. (Docket No. 4.) Plaintiff includes a copy of an inmate grievance form in which it appears he is complaining of the jail officials' failure to assist in completing his in forma pauperis application. (Id.) In the interest of justice, the Court grants plaintiff an extension of time to file a complete in forma pauperis application, with the necessary supporting documents, within thirty (30) days from the date this order is filed. To this end, the Court requests the financial office of the North County Jail, the place of plaintiff's current confinement, to assist plaintiff in filing a complete in forma pauperis application in a timely manner. Failure to respond in accordance with this order in the time provided may result in dismissal of this case without prejudice for failure to pay the filing fee without further notice to plaintiff. The clerk shall enclose two copies of the court's form In Forma Pauperis Application with a copy of this order to plaintiff.

United States District Court

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For the Northern District of California

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DATED: August 2, 2010

JAMES WARE United States District Judge

Order Granting Ext. of Time to File Complete IFP App. N:\Pro - Se & Death Penalty\August 2010\10-01351Sashinger01351_ifp-eot.wpd 2

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

GARRETT SASHINGER, Plaintiff, v. NORTH COUNTY JAIL et al, Defendant. /

Case Number: CV10-01351 JW CERTIFICATE OF SERVICE

United States District Court

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For the Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on August 4, 2010, I SERVED a true and correct copy(ies) of the attached, 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.

Garrett Burton Sashinger #127 The Glen E. Dyer Detention Facility 550 - 6th Street Oakland, CA 94607 Dated: August 4, 2010 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

Order Granting Ext. of Time to File Complete IFP App. N:\Pro - Se & Death Penalty\August 2010\10-01351Sashinger01351_ifp-eot.wpd