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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 LUIS A. MARTINEZ, Petitioner, 9 vs. 11 For the Northern District of California United States District Court 10 12 THE STATE OF CALIFORNIA, Respondent. 13 ) ) ) ) ) ) ) ) ) ) ) No. C 12-02918 EJD (PR) ORDER GRANTING EXTENSION OF TIME TO PAY FILING FEE 14 15 Petitioner, a California inmate, seeks petition in pro se for a writ of habeas 16 corpus pursuant to 28 U.S.C. § 2254. On October 4, 2012, the Court denied 17 Petitioner’s motion for leave to proceed in forma pauperis he did not show an 18 adequate level of poverty. (Docket No. 11.) Petitioner was directed to pay the $5.00 19 filing fee within 30 days or face dismissal of the action. (Id.) 20 On October 22, 2012, Petitioner filed a letter in which he states that he is 21 enclosing a payment from the Inmate Trust Office from the California Substance 22 Abuse Treatment Facility and State Prison. (Docket No. 12.) However, no such 23 payment was enclosed and no receipt of payment has been issued by the Court. 24 In the interest of justice, Petitioner shall be granted an extension of thirty 25 days to pay the filing fee. Petitioner must pay the $5.00 filing fee no later than 26 December 3, 2012, or face dismissal of this action for failure to pay the filing fee. 27 28 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. / 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

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