Stewart v. San Quentin State Prison et al

Filing 5

ORDER GRANTING EXTENSION OF TIME TO FILE CERTIFICATE OF FUNDS IN PRISONER'S ACCOUNT. Signed by Judge Jeremy Fogel on 7/28/10. (dlm, COURT STAFF) (Filed on 8/6/2010)

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Stewart v. San Quentin State Prison et al Doc. 5 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 RICKY LEE STEWART, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) Plaintiff, ) ) vs. ) ) ) SAN QUENTIN STATE PRISON, et ) al., ) Defendants. ) ) ) No. C 10-02960 JF (PR) ORDER GRANTING EXTENSION OF TIME TO FILE CERTIFICATE OF FUNDS IN PRISONER'S ACCOUNT On July 2, 2010, Plaintiff filed a complaint in pro se pursuant to 42 U.S.C. 1983, and an application to proceed in forma pauperis. However, the application was insufficient because Plaintiff failed to submit a Certificate of Funds in Prisoner's Account completed and signed by an authorized officer of the institution. (Docket No. 2.) On the same day, the clerk of the Court sent Plaintiff a notice advising him that the action would be dismissed if he did not submit the missing documentation or pay the full filing fee within thirty days of the notice. (See Docket No. 3.) On July 21, 2010, Plaintiff filed another application to proceed in forma pauperis. However, this application is also deficient because Plaintiff has again failed to submit a Certificate of Funds in Prisoner's Account completed and signed Order Granting Extension of Time P:\PRO-SE\SJ.JF\CR.10\Steward02960_eot-ifp.wpd Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 by an authorized officer of the institution. (Docket No. 4.) In the interest of justice, the Court will grant Plaintiff an extension of time to submit the missing documentation to avoid dismissal of this action. Plaintiff shall submit the completed Certificate of Funds within thirty (30) 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. 7/28/10 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 DATED: JEREMY FOGEL United States District Judge 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA RICKY LEE STEWART, Plaintiff, v. SAN QUENTIN STATE PRISON, et al., Defendants. / Case Number: CV10-02960 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. , I SERVED a true and correct copy(ies) of the That on 8/6/10 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. Ricky Lee Stewart K91574 Deuel Vocation Institution P.O. Box 600 #238 Tracy, CA 95378 Dated: 8/6/10 Richard W. Wieking, Clerk

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