Webb v. Adams

Filing 6

ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION. Signed by Judge Jeremy Fogel on 4/25/11. (dlm, COURT STAFF) (Filed on 5/2/2011)

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1 2 3 4 5 6 7 8 NOT FOR CITATION 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 12 OSCAR ODELL WEBB, JR., Petitioner, 13 14 vs. 15 DERRAL G. ADAMS, Warden, 16 Respondent. 17 No. C 11-00691 JF (PR) ) ) ) ) ) ) ) ) ) ) ) ) ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION 18 19 On February 15, 2011, Petitioner filed this pro se petition for a writ of habeas 20 corpus pursuant to 28 U.S.C. § 2254. On that same day, the clerk of the Court sent a 21 notification to Petitioner that his application was deficient because Petitioner failed to 22 attach the following: 1) Certificate of Funds in Prisoner’s Account completed and signed 23 by an authorized officer of the institution; and 2) Petitioner’s prisoner trust account 24 statement showing transactions for the last six months. The notification included the 25 warning that the case would be dismissed if Petitioner failed to respond within thirty 26 days. 27 On April 11, 2011, Petitioner filed a letter with the Court requesting another set of 28 forms to resubmit to the trust office which did not return his previous forms. (Docket No. Order Granting Ext. Of Time to File IFP P:\PRO-SE\SJ.JF\HC.11\00691Webb_eot-ifp.wpd 1 1 5.) The request is granted. Furthermore, in the interest of justice, the Court will extend 2 the time for Petitioner to file the necessary documents to complete his In Forma Pauperis 3 Application. Petitioner must do so no later than thirty (30) days from the date this 4 order is filed. 5 6 7 8 9 10 Failure to comply with the Court’s order in a timely manner will result in the dismissal of the case without prejudice for failure to pay the filing fee. The clerk shall include two blank copies of the court’s In Forma Pauperis Application with a copy of this order to Petitioner. IT IS SO ORDERED. 4/25/11 DATED: _________________________ JEREMY FOGEL United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting Ext. Of Time to File IFP P:\PRO-SE\SJ.JF\HC.11\00691Webb_eot-ifp.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OSCAR ODELL WEBB JR, Case Number: CV11-00691 JF Petitioner, CERTIFICATE OF SERVICE v. DERRAL G. ADAMS, Warden, Respondent. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 5/2/11 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. Oscar Odell Webb G-11571 Pelican Bay State Prison P.O. Box 7500 A7-119 Crescent City, CA 95531 Dated: 5/2/11 Richard W. Wieking, Clerk

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