Oppedahl v. Javate, et al

Filing 8

ORDER DEEMING IN FORMA PAUPERIS APPLICATION AS TIMELY FILED. Signed by Judge Jeremy Fogel on 8/17/11. (dlm, COURT STAFF) (Filed on 9/8/2011)

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NOT FOR CITATION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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DAVID OPPEDAHL,
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Plaintiff,
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v.
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M.D. R. L. JAVATE, et al.,
Defendants.

No. C 11-02878 JF (PR)

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ORDER DEEMING IN FORMA
PAUPERIS APPLICATION AS
TIMELY FILED

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On June 13, 2011, Plaintiff filed a letter which initiated this civil rights action in

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pro se pursuant to 42 U.S.C. § 1983. On the same day, the clerk sent Plaintiff a notice

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stating that his complaint was deficient because he did not file a completed in forma

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pauperis (“IFP”) application. (Docket No. 3.) Plaintiff was advised that he must file an

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IFP application within thirty days of the notice to avoid dismissal of the action. (Id.)

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On July 11, 2011, Plaintiff filed an IFP application which was deficient because he

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failed to submit a completed Certificate of Funds and a copy of his prisoner trust account

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statement showing transactions for the last six months. (Docket No. 5.)

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On July 27, 2011, Plaintiff filed a letter with the Court stating he has been unable
to obtain the required Certificate of Funds and prison trust account fund statement for the
Order Deeming in Forma Pauperis Application as Timely Filed
P:\PRO-SE\SJ.JF\CR.11\02878Oppedahl_ifp-eot.wpd

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completion of his IFP. (Docket No. 6.) A few days later on August 4, 2011, Plaintiff

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filed the missing documents to complete is IFP application. (See Docket No. 7.) In the

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interest of justice, the Court deems his IFP application timely filed, and will review it in a

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separate order.

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IT IS SO ORDERED.
DATED: 8/17/11
JEREMY FOGEL
United States District Judge

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Order Deeming in Forma Pauperis Application as Timely Filed
P:\PRO-SE\SJ.JF\CR.11\02878Oppedahl_ifp-eot.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

DAVID OPPEDAHL,

Case Number: CV11-02878 JF

Petitioner,

CERTIFICATE OF SERVICE

v.
M.D. R. L. JAVATE, et al.,
Respondents.

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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.
9/8/11
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.

David Oppedahl
AF9690
Correctional Training Facility
P.O. Box 690
X-Wing 101L
Soledad, CA 93960
9/8/11
Dated: _________________________
Richard W. Wieking, Clerk