Donald v. Virga
Filing
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ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION Petitioner must file a completed Certificate of Funds in Prisoner's Account no later than thirty (30) days from the date this order is filed. In the alternative, Pet itioner 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 c opies of the Certificate of Funds in Prisoner's Account with a copy of this order to Petitioner. IFP Form due by 8/20/2012. Signed by Judge Edward J. Davila on 7/20/2012. (Attachments: # 1 Certificate of Funds)(ecg, COURT STAFF) (Filed on 7/20/2012)
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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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DEONTE L. DONALD,
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Petitioner,
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vs.
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TIM VIRGA, Warden,
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Respondent.
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No. C 12-01908 EJD (PR)
ORDER GRANTING EXTENSION OF
TIME TO FILE COMPLETE IN
FORMA PAUPERIS APPLICATION
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On April 17, 2012, 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, and a motion for
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leave to proceed in forma pauperis (“IFP”), (Docket No. 2). On May 17, 2012,
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Petitioner filed an application for waiver of court fees and costs. (Docket No. 4.)
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Petitioner filed another IFP motion on May 21, 2012, (Docket No. 5).
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Petitioner’s IFP applications are deficient because he failed to submit a
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Certificate of Funds in Prisoner’s Account that was completed and signed by an
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authorized prison official. (Docket Nos. 2 & 5.)
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In the interest of justice, Petitioner is granted an extension of time to file the
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missing document to complete his IFP application. Petitioner must file a completed
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Certificate of Funds in Prisoner’s Account no later than thirty (30) days from the
Order Granting EOT to file IFP
G:\PRO-SE\SJ.EJD\HC.12\01908Donald_eot-ifp.wpd
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date this order is filed. In the alternative, Petitioner may file the $5.00 filing fee in
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the same time provided.
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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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The Clerk shall enclose two blank copies of the Certificate of Funds in
Prisoner’s Account with a copy of this order to Petitioner.
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DATED:
7/20/2012
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 EOT to file IFP
G:\PRO-SE\SJ.EJD\HC.12\01908Donald_eot-ifp.wpd
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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
DEONTE L. DONALD,
Case Number: CV12-01908 EJD
Petitioner,
CERTIFICATE OF SERVICE
v.
TIM VIRGA, Warden,
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.
7/20/2012
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.
Deonte L. Donald G21903
California State Prison
P. O. Box 290066
Represa, CA 95671
Dated:
7/20/2012
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk
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