Guzman v. Jacquez

Filing 10

ORDER by Judge Lucy H. Koh granting 9 Motion for Extension of Time to Pay Filing Fee (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 2/13/2013)

1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
SAMUEL S. GUZMAN,
11
Petitioner,
12
v.
13
WARDEN FRANCISCO JACQUEZ,
14
Respondent.
15

)
)
)
)
)
)
)
)
)
)

No. C 12-5341 LHK (PR)
ORDER GRANTING
EXTENSION OF TIME TO PAY
FILING FEE

16

On October 16, 2012, Petitioner, a California state prisoner proceeding pro se, filed a

17

petition for writ of habeas corpus, pursuant to 28 U.S.C. § 2254. On November 30, 2012, the

18

Court dismissed this action without prejudice based on Petitioner’s failure to timely submit an

19

completed application to proceed in forma pauperis (IFP), or pay the filing fee. Petitioner filed a

20

motion to reopen. (Doc. No. 7.) On January 3, 2013, the Court directed Petitioner to pay a

21

$5.00 filing fee, or to file a completed application to proceed IFP, within thirty days. (Doc. No.

22

8.) Petitioner was informed that the Court would consider his motion to reopen if he complied

23

with the order. (Id.)

24

On February 4, 2013, Petitioner filed a motion for a thirty day extension of time to pay

25

the $5.00 filing fee. (Doc. No. 9.) Petitioner asserts that he has the $5.00 filing fee in his trust

26

account, and that he has submitted a request to the prison administration for the filing fee to be

27

sent to the Court. (Id.)

28
Order Granting Extension of Time to Pay Filing Fee
G:\PRO-SE\SJ.LHK\HC.12\Guzman341eot-ifp.wpd

1

Good cause having been found, Petitioner’s motion is GRANTED. Petitioner’s filing

2

fee shall be paid no later than thirty days (30) from the date of this order. If Petitioner’s filing

3

fee is recieved within the alloted time, the Court will consider his motion to reopen. Should

4

Petitioner fail to pay the filing fee, this case shall remain closed, and no further filings will be

5

considered.

6
7

IT IS SO ORDERED.
DATED: 2/12/13
LUCY H. KOH
United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order Granting Extension of Time to Pay Filing Fee
G:\PRO-SE\SJ.LHK\HC.12\Guzman341eot-ifp.wpd

2