Smith v. Unknown

Filing 5

ORDER SUA APONTE GRANTING MOTION FOR EXTENSION OF TIME Complaint on Form due by 5/20/2013.. Signed by Judge Lucy H. Koh on 4/19/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 4/22/2013)

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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 10 ANTHONY SMITH, 11 12 13 Plaintiff, vs. UNKNOWN, Defendant. 14 ) ) ) ) ) ) ) ) ) ) No. C 13-1057 LHK (PR) ORDER SUA SPONTE GRANTING MOTION FOR EXTENSION OF TIME 15 16 On March 7, 2013, Plaintiff, a state prisoner proceeding pro se, filed several documents 17 which initiated this action pursuant to 42 U.S.C. § 1983. On the same day, the Clerk sent 18 Plaintiff notices informing him that he must file a complaint, and pay the filing fee or file an 19 application to proceed in forma pauperis (“IFP”) within twenty-eight days or the case would be 20 dismissed. (Doc. Nos. 2, 3.) On April 4, 2013, the Court received the notices sent to Plaintiff 21 back from the prison because the prison could not identify Plaintiff. (Doc. No. 4.) On April 15, 22 2013, the notices were resent to Plaintiff using the correct identifying information. Accordingly, 23 the Court sua sponte GRANTS Plaintiff an extension of time in which to file a complaint, and 24 pay the filing fee or file an IFP application. Plaintiff shall file the required documents within 25 twenty-eight (28) days of the filing date of this order. 26 27 IT IS SO ORDERED. DATED: 4/19/13 LUCY H. KOH United States District Judge 28 Order Granting Motion for Extension of Time G:\PRO-SE\SJ.LHK\CR.13\Smith057eotifp.wpd

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