Donald v. Virga

Filing 6

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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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 DEONTE L. DONALD, 12 Petitioner, 13 vs. 14 TIM VIRGA, Warden, 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) ) ) No. C 12-01908 EJD (PR) ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION 17 18 On April 17, 2012, Petitioner, a state prisoner proceeding pro se, filed a 19 petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, and a motion for 20 leave to proceed in forma pauperis (“IFP”), (Docket No. 2). On May 17, 2012, 21 Petitioner filed an application for waiver of court fees and costs. (Docket No. 4.) 22 Petitioner filed another IFP motion on May 21, 2012, (Docket No. 5). 23 Petitioner’s IFP applications are deficient because he failed to submit a 24 Certificate of Funds in Prisoner’s Account that was completed and signed by an 25 authorized prison official. (Docket Nos. 2 & 5.) 26 In the interest of justice, Petitioner is granted an extension of time to file the 27 missing document to complete his IFP application. Petitioner must file a completed 28 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 1 date this order is filed. In the alternative, Petitioner may file the $5.00 filing fee in 2 the same time provided. 3 FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE 4 WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS 5 ACTION WITHOUT FURTHER NOTICE TO PETITIONER. 6 7 The Clerk shall enclose two blank copies of the Certificate of Funds in Prisoner’s Account with a copy of this order to Petitioner. 8 9 DATED: 7/20/2012 EDWARD J. DAVILA United States District Judge 11 For the Northern District of California United States District Court 10 12 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.12\01908Donald_eot-ifp.wpd 2 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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