Young v. Alameda County Superior Court

Filing 9

ORDER GRANTING SECOND EXTENSION OF TIME TO PAY FILING FEE. Petitioner must file proof that he paid the $5.00 filing fee no later than June 19, 2012. FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER. . Signed by Judge Edward J. Davila on 5/29/2012. (ecg, COURT STAFF) (Filed on 5/30/2012)

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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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BRIAN YOUNG,
Petitioner,

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vs.

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ALAMEDA COUNTY SUPERIOR
COURT,
Respondent.

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No. C 11-06235 EJD (PR)
ORDER GRANTING SECOND
EXTENSION OF TIME TO PAY
FILING FEE

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On December 13, 2011, Petitioner, a state prisoner proceeding pro se, filed a

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petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On the same day,

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the Clerk of the court sent a notice to Petitioner that the petition was deficient

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because he failed to pay the filing fee or file an In Forma Pauperis (“IFP”)

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Application. (Docket No. 2.)

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On January 5, 2012, Petitioner filed an IFP application which was deficient

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because he failed to submit the following supporting documents: 1) a Certificate of

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Funds in Prisoner’s account completed and signed by an authorized prison official;

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and 2) a copy of his prisoner trust account statement showing transactions for the

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last six months. (Docket No. 4.) In the interest of justice, Petitioner was granted an

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extension of time to file the missing documents to complete his IFP application, such
Order Granting 2nd EOT to Pay Fee
G:\PRO-SE\SJ.EJD\HC.11\06235Young_eot-ifp2.wpd

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that a response was due no later than May 20, 2012. (See Docket No. 7.)
On May 7, 2012, Petitioner filed a letter indicating that he was attempting to

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pay the $5.00 filing fee. In the interest of justice, the Court grants Petitioner a

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second extension of time to pay the filing fee. Petitioner must file proof that he paid

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the $5.00 filing fee no later than June 19, 2012.

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FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE

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WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS

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ACTION WITHOUT FURTHER NOTICE TO PETITIONER.

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DATED:

5/29/2012

EDWARD J. DAVILA
United States District Judge

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For the Northern District of California

United States District Court

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Order Granting 2nd EOT to Pay Fee
G:\PRO-SE\SJ.EJD\HC.11\06235Young_eot-ifp2.wpd

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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.

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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.
5/30/2012
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:

5/30/2012
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk