Martinez v. The State of California

Filing 13

ORDER Granting Extension of Time to Pay Filing Fee. Petition must pay the $5.00 filing fee no later than 12/3/2012, or face dismissal of this action for failure to pay the filing fee. Signed by Judge Edward J. Davila on 11/1/2012. (ecg, COURT STAFF) (Filed on 11/2/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LUIS A. MARTINEZ,
Petitioner,

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vs.

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For the Northern District of California

United States District Court

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THE STATE OF CALIFORNIA,
Respondent.

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No. C 12-02918 EJD (PR)
ORDER GRANTING EXTENSION
OF TIME TO PAY FILING FEE

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Petitioner, a California inmate, seeks petition in pro se for a writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On October 4, 2012, the Court denied

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Petitioner’s motion for leave to proceed in forma pauperis he did not show an

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adequate level of poverty. (Docket No. 11.) Petitioner was directed to pay the $5.00

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filing fee within 30 days or face dismissal of the action. (Id.)

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On October 22, 2012, Petitioner filed a letter in which he states that he is

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enclosing a payment from the Inmate Trust Office from the California Substance

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Abuse Treatment Facility and State Prison. (Docket No. 12.) However, no such

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payment was enclosed and no receipt of payment has been issued by the Court.

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In the interest of justice, Petitioner shall be granted an extension of thirty

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days to pay the filing fee. Petitioner must pay the $5.00 filing fee no later than

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December 3, 2012, or face dismissal of this action for failure to pay the filing fee.

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DATED:

11/1/2012

EDWARD J. DAVILA
United States District Judge
Order Denying IFP
G:\PRO-SE\SJ.EJD\HC.12\02918Martinez_eot-fee.wpd

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

LUIS A. MARTINEZ,

Case Number: CV12-02918 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
THE STATE OF CALIFORNIA,
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.
11/2/2012
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.

Luis A. Martinez AH-2272
California Substance Abuse Treatment Facility (7100)
PO BOX 7100
900 QUEBEC ROAD
CORCORAN, CA 93212-7100
Dated:

11/2/2012
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk