Dominguez v. Cate

Filing 8

ORDER by Judge Ronald M. Whyte Granting 5 Motion for Extension of Time to File Application to Proceed In Forma Pauperis. (jg, COURT STAFF) (Filed on 1/22/2013)

1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE NORTHERN DISTRICT OF CALIFORNIA
10
11

FRANCISCO DOMIGUEZ,

12
13
14

Petitioner,
v.
MATTHEW CATE,

15

Respondent.

16
17

)
)
)
)
)
)
)
)
)
)
)

No. C 12-5896 RMW (PR)
ORDER GRANTING
EXTENSION OF TIME TO
FILE APPLICATION TO
PROCEED IN FORMA
PAUPERIS

(Docket No. 5)

On November 19, 2012, petitioner, a state prisoner proceeding pro se, filed a writ of

18

habeas corpus challenging a criminal conviction and judgment pursuant to 28 U.S.C. § 2254.

19

(Doc. No. 1.) On the same day the clerk of the court sent a notice to petitioner directing him to

20

file a completed application to proceed in forma pauperis (“IFP”) or pay the filing fee within

21

thirty days. (Doc. No. 2.) Petitioner has filed a request for an extension of time in which to file

22

an IFP application. (Doc. No. 5.)1 Petitioner indicates that he did not receive the clerk’s notice

23

until December 3, 2012, and that he has not received his legal materials since arriving at VSP.

24

Petitioner requests a thirty day extension of time from the date he receives his property.
Good cause showing, petitioner’s motion is GRANTED. Petitioner shall file a complete

25
26
1

27
28

Petitioner's request indicates that he is housed at Valley State Prison (“VSP”) in Chowchilla,
a different prison than he was housed when the writ was filed. Although Petitioner did not notify
the court of this change of address, the clerk shall update the court docket to reflect his current
address.
Order Granting Ext. of Time to File IFP Application
P:\PRO-SE\SJ.Rmw\HC.12\Dominguez896_ifp-eot.wpd

1

1

IFP application within thirty (30) days of the filing date of this order. Petitioner is warned that

2

failure to file a complete IFP application within the time provided will result in dismissal of

3

this action. Plaintiff must keep the court informed of any change of address by filing a separate

4

paper with the clerk headed “Notice of Change of Address.”

5

This order terminates docket no. 5.

6

IT IS SO ORDERED.

7
8

DATED: _______________
RONALD M. WHYTE
United States District Judge

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Order Granting Ext. of Time to File IFP Application
P:\PRO-SE\SJ.Rmw\HC.12\Dominguez896_ifp-eot.wpd

2

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

IN RE FRANCISCO DOMINGUEZ,

Case Number: CV12-05896 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
IN RE FRANCISCO DOMINGUEZ 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 January 22, 2013, 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.

Francisco Dominguez F-22191
Valley State Prison (VSP)
PO Box 92
Chowchilla, CA 93610-0096
Dated: January 22, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk