LaFlamme v. Hubbard

Filing 11

ORDER Denying 10 Motion for Hearing Schedule. Signed It appears Petitioner is only seeking an update on the case. Petitioner must submit the filing fee or a new IFP application demonstrating indigence by December 19, 2012, or this case will be dismissed. Signed by Judge Edward J. Davila on 12/4/2012. (ecg, COURT STAFF) (Filed on 12/5/2012)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 DON LAFLAMME, Petitioner, 11 For the Northern District of California United States District Court 10 12 vs. 13 14 SUE HUBBARD, Respondent. 15 ) ) ) ) ) ) ) ) ) ) ) No. C 12-03365 EJD (PR) ORDER DENYING MOTION FOR HEARING SCHEDULE (Docket No. 10) 16 17 Petitioner, a California inmate proceeding pro se, filed a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254. Petitioner also filed a motion for leave to proceed in 19 forma pauperis (“IFP”) in lieu of paying the filing fee. (Docket No. 4.) The motion was 20 denied because Petitioner had not shown an adequate level of poverty. (Doc. No. 6.) 21 Petitioner filed a motion for reconsideration that was denied on November 19, 2012, and 22 Petitioner was provided an additional thirty days to submit the filing fee. Petitioner has now 23 filed a motion for hearing schedule. (Doc. No. 10.) It appears Petitioner is only seeking an 24 update on the case. Petitioner must submit the filing fee or a new IFP application 25 demonstrating indigence by December 19, 2012, or this case will be dismissed. 26 27 This order terminates Docket No. 10. DATED: 12/4/2012 EDWARD J. DAVILA United States District Judge 28 Order Denying Motion for Reconsideration 03365LaFlamme_ord.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DON LAFLAMME, Case Number: CV12-03365 EJD Plaintiff, CERTIFICATE OF SERVICE v. SUE HUBBARD et al, Defendant. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on December 5, 2012, 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. Don LaFlamme C-52818 Kern Valley State Prison P. O. Box 5103 Delano, CA 93216 Dated: December 5, 2012 Richard W. Wieking, Clerk /s/ By: Elizabeth Garcia, Deputy Clerk

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