Young v. Alameda County Superior Court

Filing 7

ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION. Petitioner must file the missing documents described above no later 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 ACCORDANCE WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS 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 4/19/2012. (Attachments: # 1 Form: Certificate of Funds)(ecg, COURT STAFF) (Filed on 4/20/2012)

Download PDF
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 BRIAN YOUNG, Petitioner, 12 13 vs. 14 15 16 ALAMEDA COUNTY SUPERIOR COURT, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. C 11-06235 EJD (PR) ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION 17 18 On December 13, 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 the petition was deficient 21 because he failed to pay the filing fee or file an In Forma Pauperis (“IFP”) 22 Application. (Docket No. 2.) Petitioner was directed to respond within thirty days 23 of the notice to avoid dismissal of the action. (Id.) 24 On January 5, 2012, Petitioner filed an IFP application which is deficient 25 because he failed to submit the following supporting documents: 1) a Certificate of 26 Funds in Prisoner’s account completed and signed by an authorized prison official; 27 and 2) a copy of his prisoner trust account statement showing transactions for the 28 last six months. (Docket No. 4.) Order Granting EOT to file IFP G:\PRO-SE\SJ.EJD\HC.11\06235Young_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: 4/19/2012 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 G:\PRO-SE\SJ.EJD\HC.11\06235Young_eot-ifp.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA BRIAN YOUNG, Case Number: CV11-06235 EJD Petitioner, CERTIFICATE OF SERVICE v. ALAMEDA COUNTY SUPERIOR COURT, 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. 4/20/2012 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. Brian Young BBT 898 Santa Rita County Jail 5325 Broder Blvd., Dublin, CA 94568 Dated: 4/20/2012 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?