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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?