Lubisch v. Commission on Judicial Performance

Filing 14

ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIUS APPLICATION. Plaintiff must file the necessary documents no later than twenty-eight (28) days from the date this order is filed. In the alternative, Plaintiff may pay the filing fee in the same time provided. Failure to file a timely response in accordance with this order by filing a complete IFP application or paying the filing fee in the time provided will result in the dismissal of this action without further notice to Plaintiff. Signed by Judge Edward J. Davila on 4/9/2014. (ecg, COURT STAFF) (Filed on 4/10/2014)

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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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GREG LUBISCH,
Plaintiff,

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v.

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COMMISSION ON JUDICIAL
PERFORMANCE,
Defendant.

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No. C 13-05170 EJD (PR)
ORDER GRANTING EXTENSION OF
TIME TO FILE COMPLETE IN
FORMA PAUPERIS APPLICATION

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On November 6, 2013, Plaintiff, a state prisoner proceeding pro se, filed the

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instant civil rights action in pro se pursuant to 42 U.S.C. § 1983, and an In Forma

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Pauperis (“IFP”) Application. On the same day, Plaintiff was notified that his IFP

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application was deficient because it lacked the following documents: (1) a Certificate

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of Funds in Prisoner’s Account completed and signed by an authorized prison official;

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and (2) a copy of Plaintiff’s trust account statement showing transactions for the last

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six months. (Docket No. 3.) On November 27, 2013, Plaintiff filed a second IFP

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application, which is deficient for the same reasons.1 (Docket No. 5.) Plaintiff also

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filed a short form application to proceed without prepaying fees or costs, which is

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The attached Certificate of Funds was not completed by an authorized
prison official. (Docket No. 5 at 5.)
Order Granting EOT to file IFP App.
P:\PRO-SE\EJD\CR.13\05170Lubisch-eot-ifp.wpd

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insufficient and not supported by the required documents. (Docket No. 8.)
In the interest of justice, Plaintiff is granted an extension of time to file the

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missing documents to complete the IFP application. Plaintiff must file the necessary

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documents no later than twenty-eight (28) days from the date this order is filed. In

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the alternative, Plaintiff may pay the filing 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 in the time provided will result in

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the dismissal of this action without further notice to Plaintiff.

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DATED:

4/9/2014

EDWARD J. DAVILA
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 App.
P:\PRO-SE\EJD\CR.13\05170Lubisch-eot-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

GREG LUBISCH,

Case Number: CV13-05170 EJD

Plaintiff,

CERTIFICATE OF SERVICE

v.
COMMISSION ON JUDICIAL
PERFORMANCE,
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.
4/10/2014
That on
, 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.

Greg Lubisch J-12674079
Hall of Justice
850 Bryant Street, 7th Floor
San Francisco, CA 94103
Dated:

4/10/2014
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk