Castillo v. Berry

Filing 5

ORDER GRANTING EXTENSION OF TIME TO FILE IN FORMA PAUPERIS APPLICATION. The Court will grant plaintiff an extension of time to file the missing documents, i.e., a Certificate of Funds in Prisoner's Account completed and signed by an authorized o fficer at the prison and a copy of his prisoner trust account, no later than thirty (30) days from the date this order is filed. In the alternative, plaintiff may pay the full $350.00 filing fee. 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 blank copies of the court's Certificate of Funds in Prisoner's Account with a copy of this order to plaintiff. Signed by Judge James Ware on 4/7/2011. (Attachments: # 1 Certificate of Funds)(ecg, COURT STAFF) (Filed on 4/15/2011)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 CHRISTOPHER CASTILLO, Plaintiff, 12 13 vs. 14 JANET BERRY, 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) ) No. C 10-05498 JW (PR) ORDER GRANTING EXTENSION OF TIME TO FILE IN FORMA PAUPERIS APPLICATION 17 18 On December 3, 2010, plaintiff filed this pro se civil rights pursuant to 42 19 U.S.C. § 1983. On the same day the clerk of the Court sent a notification to plaintiff 20 that he must file an in forma pauperis application or pay the full filing fee to avoid 21 dismissal of the action. (Docket No. 2.) Plaintiff was advised to respond within 22 thirty days to avoid dismissal of the action. (Id.) 23 On December 28, 2010, plaintiff filed a motion for leave to proceed in forma 24 pauperis. (Docket No. 3.) However, this application is deficient as plaintiff has 25 failed to submit a Certificate of Funds in Prisoner’s Account completed and signed 26 by an authorized prison official and a copy of his prisoner trust account statement 27 showing transactions for the preceding six months. 28 In the interest of justice, the Court will grant plaintiff an extension of time to Order Granting Ext. Of Time P:\PRO-SE\SJ.JW\CR.10\Castillo05498_ifp-eot.wpd 1 file the missing documents, i.e., a Certificate of Funds in Prisoner’s Account 2 completed and signed by an authorized officer at the prison and a copy of his 3 prisoner trust account, no later than thirty (30) days from the date this order is 4 filed. In the alternative, plaintiff may pay the full $350.00 filing fee. 5 Failure to respond in accordance with this order in the time provided 6 may result in dismissal of this case without prejudice for failure to pay the 7 filing fee without further notice to plaintiff. 8 9 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 plaintiff. 11 For the Northern District of California United States District Court 10 DATED: April 7, 2011 JAMES WARE United States District Chief Judge 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\CR.10\Castillo05498_ifp-eot.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CHRISTOPHER J CASTILLO, Case Number: CV10-05498 JW Plaintiff, CERTIFICATE OF SERVICE v. JANET BERRY, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 4/15/2011 That on , 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. Christopher J. Castillo F-39720 NKSP PO Box 567 Delano, CA 93216 Dated: 4/15/2011 /s/ Richard W. Wieking, Clerk By: Elizabeth Garcia, Deputy Clerk

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?