Garrison v. Brown et al

Filing 13

ORDER GRANTING EXTENSION OF TIME TO FILE CERTIFICATE OF FUNDS. Signed by Judge Jeremy Fogel on 7/6/11. (dlm, COURT STAFF) (Filed on 7/28/2011)

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NOT FOR CITATION

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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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STEVE Y. GARRISON,
Plaintiff,

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vs.

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GOV. JERRY BROWN, et al.,
Defendants.

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No. C 11-01974 JF (PR)
ORDER GRANTING EXTENSION
OF TIME TO FILE CERTIFICATE
OF FUNDS

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On April 22, 2011, Plaintiff, a state prisoner, filed a complaint under 42

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U.S.C. § 1983, and a motion for leave to proceed in forma pauperis. (Docket No. 2.)

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On the same day, the Clerk of the Court sent Plaintiff a notice that his In Forma

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Pauperis (“IFP”) Application was insufficient because Plaintiff failed to attach the

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following: 1) Certificate of Funds in Prisoner’s Account completed and signed by an

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authorized officer of the institution; and 2) Plaintiff’s prisoner trust account

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statement showing transactions for the last six months. (Docket No. 3.) The

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notification included the warning that the case would be dismissed if Plaintiff failed

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to respond within thirty days. (Id.)

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Well after the thirty day deadline had passed, Plaintiff filed another IFP
Order Granting EOT
P:\PRO-SE\SJ.JF\CR.11\01974Garrison_eot-ifp.wpd

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application on June 27, 2011, which is again insufficient because Plaintiff failed to

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attached a completed Certificate of Funds in Prisoner’s Account. In the interest of

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justice, the Court will grant Plaintiff an extension of time to file the missing

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document to complete his IFP application.

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Plaintiff shall submit a Certificate of Funds in Prisoner’s Account completed

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and signed by an authorized officer of the institution within thirty (30) days of the

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date this order is filed. Failure to file the necessary document will result in the

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denial of the application to proceed in forma pauperis, and the complete filing

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fee will be immediately due.

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For the Northern District of California

United States District Court

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The Clerk shall enclose two blank copies of the Certificate of Funds in
Prisoner’s Account with a copy of this order to Plaintiff.
IT IS SO ORDERED.
DATED:

7/6/11

JEREMY FOGEL
United States District Judge

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Order Granting EOT
P:\PRO-SE\SJ.JF\CR.11\01974Garrison_eot-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

STEVE GARRISON,

Case Number: CV11-01974 JF

Plaintiff,

CERTIFICATE OF SERVICE

v.
GOV. JERRY BROWN, et al.,
Defendants.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on 7/28/11
, 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.

Steve Y. Garrison AE7123
San Quentin State Prison
San Quentin, CA 94974
Dated:

7/28/11
Richard W. Wieking, Clerk