Villarta v. Swarthout

Filing 4

ORDER GRANTING EXTENSION OF TIME TO FILE CERTIFICATE OF FUNDS IN PRISONER'S ACCOUNT. Petitioner must file the complete Certificate of Funds within thirty (30) days from the date this order is filed. In the alternative, petitioner may file the & #036;5.00 filing fee. FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCEWITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER. The clerk shall enclose two blank copies of the court's Certificate of Funds in Prisoner's Account with a copy of this order to petition.Signed by Judge James Ware on 10/22/2010. (Attachments: # 1 Certificate of Funds in Prisoner's Account)(ecg, COURT STAFF) (Filed on 10/22/2010)

Villarta v. Swarthout

Doc. 4

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

United United States District Court

11
For the Northern District of California

JACKSON C. VILLARTA, Petitioner, vs. GARY SWARTHOUT, Warden, Respondents.

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No. C 10-02619 JW (PR) ORDER GRANTING EXTENSION OF TIME TO FILE CERTIFICATE OF FUNDS IN PRISONER'S ACCOUNT

On June 15, 2010, 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 a filing fee of $5.00 was now due or in the alternative, that petitioner must file an In Forma Pauperis Application. (Docket No. 2.) Petitioner was advised that he must respond within thirty days to avoid the action being dismissed. On July 6, 2010, petitioner filed an in forma pauperis application which is deficient because petitioner attached a Certificate of Funds in Prisoner's Account which was not completed and signed by a prison official. (Docket No. 3.) In the interest of justice, the Court will extend the time for petitioner to file the necessary document to complete his in forma pauperis application. Petitioner must file the
Order Granting Ext. of Time P:\PRO-SE\SJ.JW\HC.10\Villarta02619_ifp-ext.wpd

Dockets.Justia.com

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complete Certificate of Funds within thirty (30) days from the date this order is filed. In the alternative, petitioner may file the $5.00 filing fee. FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER. The clerk shall enclose two blank copies of the court's Certificate of Funds in Prisoner's Account with a copy of this order to petition.
October 22, 2010

DATED:

JAMES WARE United States District Judge

United States District Court

11
For the Northern District of California

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Order Granting Ext. of Time P:\PRO-SE\SJ.JW\HC.10\Villarta02619_ifp-ext.wpd

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

JACKSON C VILLARTA, Petitioner, v. GARY SWARTHOUT, Warden, Respondent. /

Case Number: CV10-02619 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. 10/22/2010 , 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.

Jackson Carraon Villarta P-75967 California State Prison, Solano (SOL) P. O. Box 4000 Vacaville, CA 95696-4000 Dated: 10/22/2010 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk