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)
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?