Paredes-Serrano v. Holder et al

Filing 9

ORDER GRANTING EXTENSION OF TIME TO PAY FILING FEE OR FILE COMPLETE IN FORMA PAUPERIS APPLICATION. In the interest of justice, Petitioner is granted an extension of time to pay the filing fee. Petitioner must pay the fee no later than twenty-eigh t (28) days from the date this order is filed. In the alternative, Petitioner may file a complete IFP application in the same time provided. Failure to file a timely response in accordance with this order by paying the filing fee or filing a complete IFP application in the time provided 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. Signed by Judge Edward J. Davila on 10/3/2014. (Attachments: # 1 FORM HABEAS IFP APPLICATION)(ecg, COURT STAFF) (Filed on 10/3/2014)

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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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JOSE L. PAREDES-SERRANO,
Petitioner,

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v.

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ERIC HOLDER, et al.,
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Respondents.
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No. C 14-03526 EJD (PR)
ORDER GRANTING EXTENSION OF
TIME TO PAY FILING FEE OR FILE
COMPLETE IN FORMA PAUPERIS
APPLICATION

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On August 5, 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. § 2241, along with a motion for leave

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to proceed in forma pauperis (“IFP”).1 (Docket No. 2.) On the same date, the Clerk

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sent Petitioner a notice that his IFP application was insufficient because he did not use

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the correct form and he did not submit a Certificate of Funds in Prisoner’s Account

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signed by and an authorized prison official. (Docket No. 3.) Petitioner was directed to

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file a response within twenty-eight days of the notice to avoid dismissal of the action.

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(Id.)

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The matter was reassigned to this Court on August 14, 2014, the same day
that Petitioner filed consent to magistrate judge jurisdiction. (Docket No. 6.) For
the sake of judicial efficiency, this Court shall retain jurisdiction of the matter.
Order Granting EOT to file IFP App.
P:\PRO-SE\EJD\HC.14\03526Paredes-Serrano_eot-ifp.wpd

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On August 14, 2014, Petitioner filed a letter stating that his sister was to send

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the $5.00 filing fee by money order in his name. (Docket No. 7.) To date, the Court

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has not received the filing fee.

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In the interest of justice, Petitioner is granted an extension of time to pay the

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filing fee. Petitioner must pay the fee no later than twenty-eight (28) days from the

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date this order is filed. In the alternative, Petitioner may file a complete IFP

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application in the same time provided.

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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 by paying the
filing fee or filing a complete IFP application in the time provided 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:

10/3/2014

EDWARD J. DAVILA
United States District Judge

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Order Granting EOT to file IFP App.
P:\PRO-SE\EJD\HC.14\03526Paredes-Serrano_eot-ifp.wpd

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

JOSE L. PAREDES-SERRANO,

Case Number: CV14-03526 EJD

Petitioner,

CERTIFICATE OF SERVICE

v.
ERIC HOLDER, 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.
10/3/2014
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.

Jose L. Paredes-Serrano 4904040/CBS215
Rio Cosumnes Correctional Center
12500 Bruceville Road
Elk Grove, CA 95757
Dated:

10/3/2014

Richard W. Wieking, Clerk
Elizabeth Garcia, Deputy Clerk

/s/ By: