Driver v. Hedrick

Filing 8

ORDER GRANTING EXTENSION OF TIME TO FILE CERTIFICATE OF FUNDS IN PRISONER'S ACCOUNT. Signed by Judge Jeremy Fogel on 8/3/10. (dlm, COURT STAFF) (Filed on 8/11/2010)

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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

BILLY DRIVER JR., Plaintiff, vs. WARDEN B. HEDRICK, et al., Defendants.

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No. C 10-02226 JF (PR) ORDER GRANTING EXTENSION OF TIME TO FILE CERTIFICATE OF FUNDS IN PRISONER'S ACCOUNT

On May 24, 2010, Plaintiff initiated this action in pro se by filing an affidavit. At the direction of the clerk of the Court, Plaintiff filed a complaint pursuant to 42 U.S.C. § 1983, on June 25, 2010. (Docket No. 4.) Plaintiff was also directed to file an application to proceed in forma pauperis, having failed to pay the filing fee. (Docket No. 2.) On July 9, 2010, Plaintiff filed a motion for leave to proceed in forma pauperis. (Docket No. 7.) However, the application is insufficient because Plaintiff failed to submit a Certificate of Funds in Prisoner's Account completed and signed by an authorized officer of the institution. (Id. at 5.) In the interest of justice, the Court will grant Plaintiff an extension of time to submit a completed Certificate of Funds to avoid dismissal of this action. Plaintiff shall submit the completed Certificate of Funds within thirty (30)
Order Granting Extension of Time P:\PRO-SE\SJ.JF\CR.10\Driver02226_eot-ifp.wpd

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days of the date this order is filed. Failure to comply with this order in the time provided shall result in the Court's dismissal of this action without prejudice without further notice to Plaintiff. The clerk of the Court shall enclose two blank copies of the "Certificate of Funds in Prisoner's Account" with a copy of this order to Plaintiff. IT IS SO ORDERED. DATED:
8/3/10

JEREMY FOGEL United States District Judge

United States District Court

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For the Northern District of California

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

BILLY DRIVER, JR.., Plaintiff, v. B. HEDRICK, et al., Defendants. /

Case Number: CV10-02226 JF 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. 8/11/10 , I SERVED a true and correct copy(ies) of the That on 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.

Billy Driver D-35391 CA State Prison-Folsom(New) P.O. Box 290066 A4 Cell #A102 Represa, CA 95671-0066 Dated: 8/11/10 Richard W. Wieking, Clerk