Castillo v. Santa Clara County Superior Court

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. (ecg, COURT STAFF) (Filed on 4/15/2011) (Additional attachment(s) added on 4/16/2011: # 1 Certificate of Funds) (ecg, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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CHRISTOPHER CASTILLO,

)
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Plaintiff,
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vs.
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SANTA CLARA COUNTY SUPERIOR )
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COURT,
)
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Defendant.
)

No. C 10-05499 JW (PR)
ORDER GRANTING EXTENSION
OF TIME TO FILE IN FORMA
PAUPERIS APPLICATION

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On December 3, 2010, plaintiff filed this pro se civil rights pursuant to 42

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U.S.C. § 1983. On the same day the clerk of the Court sent a notification to plaintiff

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that he must file an in forma pauperis application or pay the full filing fee to avoid

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dismissal of the action. (Docket No. 2.) Plaintiff was advised to respond within

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thirty days to avoid dismissal of the action. (Id.)

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On December 23, 2010, plaintiff filed a motion for leave to proceed in forma

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pauperis. (Docket No. 4.) However, this application is deficient as plaintiff has

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failed to submit a Certificate of Funds in Prisoner’s Account completed and signed

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by an authorized prison official and a copy of his prisoner trust account statement

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showing transactions for the preceding six months.

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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\Castillo05499_ifp-eot.wpd

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file the missing documents, i.e., a Certificate of Funds in Prisoner’s Account

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completed and signed by an authorized officer at the prison and a copy of his

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prisoner trust account, no later than thirty (30) days from the date this order is

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filed. In the alternative, plaintiff may pay the full $350.00 filing fee.

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Failure to respond in accordance with this order in the time provided

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may result in dismissal of this case without prejudice for failure to pay the

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filing fee without further notice to plaintiff.

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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.

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For the Northern District of California

United States District Court

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DATED:

April 7, 2011

JAMES WARE
United States District Chief Judge

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Order Granting Ext. Of Time
P:\PRO-SE\SJ.JW\CR.10\Castillo05499_ifp-eot.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

CHRISTOPHER JCASTILLO,

Case Number: CV10-05499 JW

Plaintiff,

CERTIFICATE OF SERVICE

v.
SANTA CLARA COUNTY SUPERIOR
COURT,
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