Mayo v. Martinez et al

Filing 4

ORDER GRANTING EXTENSION OF TIME TO FILE CERTIFICATE OF FUNDS AND PRISONER TRUST ACCOUNT STATEMENT. Signed by Judge James Ware on 7/21/2010. (ecg, COURT STAFF) (Filed on 7/22/2010)

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Mayo v. Martinez et al Doc. 4 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 MICHAEL JAMES MAYO, Petitioner, vs. CAPTAIN GONZALES, et al., Respondents. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) ) ) ) ) ) ) ) ) ) ) ) No. C 10-02965 JW (PR) ORDER GRANTING EXTENSION OF TIME TO FILE CERTIFICATE OF FUNDS AND PRISONER TRUST ACCOUNT STATEMENT On July 6, 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 16, 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.) It appears that petitioner completed and signed the form himself. (Id.) Furthermore, petitioner also failed to attach a copy of his trust account statement showing transactions for Order Granting Ext. of Time P:\PRO-SE\SJ.JW\HC.10\Mayo02965_ifp-ext.wpd Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 the last six months. (Id.) In the interest of justice, the Court will extend the time for petitioner to file the necessary documents to complete his in forma pauperis application. Petitioner must file the documents 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. United States District Court 11 For the Northern District of California DATED: July 21, 2010 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting Ext. of Time P:\PRO-SE\SJ.JW\HC.10\Mayo02965_ifp-ext.wpd JAMES WARE United States District Judge 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MICHAEL JAMES MAYO, Petitioner, v. MARTINEZ, et al., Respondents. / Case Number: CV10-02965 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. 7/22/2010 , 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. Michael James Mayo G24650 California Mens Colony State Prison Cell: 4162 P.O. Box 8101 San Luis Obispo, CA 93409-8101 Dated: 7/22/2010 /s/ Richard W. Wieking, Clerk By: Elizabeth Garcia, Deputy Clerk

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