Nickels v. Gonzales

Filing 5

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR LEAVE TO PROCEED INFORMA PAUPERIS. In the interest of justice, the Court construes Petitioner's letter as a motion for an extension of time to file an IFP Application and hereby G RANTS the motion. Petitioner must file a complete IFP Application no later than twenty-eight (28) days from the date this order is filed. In the alternative, Petitioner may file the $5.00 filing fee in the same time provided.Failure to file a t imely response in accordance with this order by filing acomplete IFP application or paying the filing fee will result in the dismissal of this action without further notice to Petitioner. IFP Form due by 7/10/2013. Signed by Judge Edward J. Davila on 6/11/2013. (ecg, COURT STAFF) (Filed on 6/12/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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ANTHONY NICKELS,

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Petitioner,

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v.

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TERRY GONZALES, Warden,
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Respondent.
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No. C 13-01863 EJD (PR)
ORDER GRANTING MOTION FOR
EXTENSION OF TIME TO FILE
MOTION FOR LEAVE TO PROCEED
IN FORMA PAUPERIS

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On April 28, 2013, Petitioner, a state prisoner proceeding pro se, filed a petition
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for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On the same day, the Clerk
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sent a notice to Petitioner that a filing fee of $5.00 was due or in the alternative, that
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Petitioner must file an In Forma Pauperis (“IFP”) Application within twenty-eight days
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of the notice to avoid dismissal of the action. (Docket No. 2.) On May 29, 2013,
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Petitioner filed a letter stating that he has been attempting to obtain his trust account
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data sheet but due to unknown circumstances it has not been provided to him. (Docket
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No. 3.)
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In the interest of justice, the Court construes Petitioner’s letter as a motion for
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an extension of time to file an IFP Application and hereby GRANTS the motion.
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Order Granting EOT to file IFP
G:\PRO-SE\EJD\HC.13\01863Nickels_eot-ifp.wpd

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Petitioner must file a complete IFP Application no later than twenty-eight (28) days

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from the date this order is filed. In the alternative, Petitioner may file the $5.00 filing

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fee in the same time provided.

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Failure to file a timely response in accordance with this order by filing a

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complete IFP application or paying the filing fee will result in the dismissal of this

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action without further notice to Petitioner.

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DATED:

6/11/2013

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EDWARD J. DAVILA

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United States District Judge

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For the Northern District of California

United States District Court

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Order Granting EOT to file IFP
G:\PRO-SE\EJD\HC.13\01863Nickels_eot-ifp.wpd

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