Walker v. People of the State of California et al

Filing 6

ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION. Petitioner is granted an extension of time to file the missing documents to complete his IFP Application. Petitioner must file the missingdocuments described above no la ter than thirty (30) days from the date this order is filed. In the alternative, Petitioner may file the $5.00 filing fee in the same time provided. FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCEWITH THIS ORDER WILL RESULT IN THE DISMISSAL OF T HIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER. The Clerk shall enclose two blank copies of the Certificate of Funds in Prisoner's Account with a copy of this order to Petitioner. Signed by Judge Edward J. Davila on 10/26/2011. (Attachments: # 1 Certificate of Funds)(ecg, COURT STAFF) (Filed on 10/26/2011)

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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 JEFFERY E. WALKER, 12 Petitioner, 13 vs. 14 15 16 PEOPLE OF THE STATE OF CALIFORNIA, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. C 11-03177 EJD (PR) ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION 17 18 On June 27, 2011, Petitioner, a state prisoner proceeding pro se, filed a 19 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On the same day, 20 the Clerk of the court sent a notice to Petitioner that a filing fee of $5.00 was now 21 due or in the alternative, that Petitioner must file an In Forma Pauperis (“IFP”) 22 Application. (Docket No. 2.) Petitioner was advised that he must respond within 23 thirty days to avoid the action being dismissed. 24 Petitioner has since filed two IFP applications which are deficient for the 25 following reasons: 1) the Certificate of Funds in Prisoner’s Account was not 26 completed and signed by an authorized prison official; and 2) Petitioner failed to 27 attach a copy of his prisoner trust account statement showing transactions for the last 28 six months. (Docket Nos. 4 & 5.) Order Granting EOT to file IFP 03177Walker_eot-ifp.wpd 1 In the interest of justice, Petitioner is granted an extension of time to file the 2 missing documents to complete his IFP Application. Petitioner must file the missing 3 documents described above no later than thirty (30) days from the date this order 4 is filed. In the alternative, Petitioner may file the $5.00 filing fee in the same time 5 provided. 6 FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE 7 WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS 8 ACTION WITHOUT FURTHER NOTICE TO PETITIONER. 9 Prisoner’s Account with a copy of this order to Petitioner. 11 For the Northern District of California United States District Court 10 The Clerk shall enclose two blank copies of the Certificate of Funds in 12 DATED: October 26, 2011 EDWARD J. DAVILA United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting EOT to file IFP 03177Walker_eot-ifp.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JEFFERY E. WALKER, Case Number: CV11-03177 EJD Petitioner, CERTIFICATE OF SERVICE v. PEOPLE OF THE STATE OF CALIFORNIA, 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. 10/26/2011 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. Jeffery E. Walker F-11343 CSP Los Angeles County P.O. Box 4670 Lancaster, CA 93539 Dated: 10/26/2011 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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