Overton v. Warden

Filing 6

ORDER GRANTING SECOND EXTENSION OF TIME TO PAY FILING FEE OR FILE COMPLETE IN FORMA PAUPERIS APPLICATION. In the interest of justice, Petitioner shall be granted a final extension of time to comply with the filing fee requirements. Within twenty-e ight (28) days from the date this order is filed, Petitioner shall either pay the filing fee or file a complete IFP application. If Petitioner files another "Trust Account Withdrawal Order" without paying the actual filing fee, the Court wi ll deem that as a failure to pay the filing fee and dismiss the action. Failure to file a timely response in accordance with this order will result in the dismissal of this action without further notice to Petitioner. The Clerk shall include two copies of the court's IFP application with a copy of this order to Petitioner. IFP Form due by 9/10/2014. Signed by Judge Edward J. Davila on 8/12/2014. (Attachments: # 1 FORM HABEAS IFP APPLICATION)(ecg, COURT STAFF) (Filed on 8/13/2014)

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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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MICHAEL L. OVERTON,
Petitioner,

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v.

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WARDEN, et al.,
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Respondents.
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No. C 14-01859 EJD (PR)
ORDER GRANTING SECOND
EXTENSION OF TIME TO PAY
FILING FEE OR FILE COMPLETE IN
FORMA PAUPERIS APPLICATION

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On April 23, 2014, 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 April 30, 2014, the Clerk

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sent Petitioner a notice that he had not paid the filing fee or filed an application to

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proceed in forma pauperis (“IFP”). (Docket No. 2.) On May 29, 2014, Petitioner filed

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a “Trust Account Withdrawal Order” for $5.00 to pay for “Fed’l Filing Fees,” with a

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reference to the instant action, (see Docket No. 3), but the Court never received the

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filing fee. In the interest of justice, the Court granted Petitioner an extension of time to

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pay the filing fee, providing twenty-eight days from July 2, 2014, to either pay the

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filing fee or file an IFP application. (Docket No. 4.)

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On July 31, 2014, Petitioner filed another “Trust Account Withdrawal Order”
for $5.00, “to pay filing fees for case No. C J-12 2868 on habeas corpus.” (Docket No.
Order Granting 2nd EOT to file IFP App.
P:\PRO-SE\EJD\HC.14\01859Overton_eot-ifp2.wpd

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5.) The Court has received no filing fee to date.

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In the interest of justice, Petitioner shall be granted a final extension of time to

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comply with the filing fee requirements. Within twenty-eight (28) days from the date

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this order is filed, Petitioner shall either pay the filing fee or file a complete IFP

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application. If Petitioner files another “Trust Account Withdrawal Order” without

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paying the actual filing fee, the Court will deem that as a failure to pay the filing fee

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and dismiss the action.

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For the Northern District of California

United States District Court

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Failure to file a timely response in accordance with this order will result in
the dismissal of this action without further notice to Petitioner.
The Clerk shall include two copies of the court’s IFP application with a copy of
this order to Petitioner.

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DATED:

8/12/2014

EDWARD J. DAVILA
United States District Judge

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Order Granting 2nd EOT to file IFP App.
P:\PRO-SE\EJD\HC.14\01859Overton_eot-ifp2.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

MICHAEL L. OVERTON,

Case Number: CV14-01859 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
WARDEN, et al.,
Respondents.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
8/13/2014
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.

Michael L. Overton C-47370
California Men’s Colony
P. O. Box 8101
San Luis Obispo, CA 93409-8101
Dated:

8/13/2014

Richard W. Wieking, Clerk
Elizabeth Garcia, Deputy Clerk

/s/ By: