Sanchez v. Foulk

Filing 8

ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIUS APPLICATION. In the interest of justice, Petitioner is granted an extension of time to file a complete IFP application. No later than twenty-eight (28) days from the date this o rder is filed, Petitioner shall file the supporting documents discussed above. In the alternative, Petitioner may file the $5.00 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 Petitioner. Signed by Judge Edward J. Davila on 9/23/2014. (ecg, COURT STAFF) (Filed on 9/24/2014)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 JORGE SANCHEZ, Petitioner, 12 13 v. 14 F. FOULK, WARDEN 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) ) ) No. C 14-03726 EJD (PR) ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION 17 18 On August 18, 2014, Petitioner, a state prisoner proceeding pro se, filed a 19 petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner also filed an 20 application to proceed in forma pauperis (“IFP”). (Docket No. 3.) On the same day, 21 the Clerk sent Petitioner a notice that his IFP application was insufficient because he 22 failed to attach the necessary supporting documentation: (1) a Certificate of Funds in 23 Prisoner’s Account completed and signed by an authorized prison official; and (2) a 24 copy of his prisoner trust account statement showing transactions for the last six 25 months. (Docket No. 5.) Petitioner was directed to file a response within twenty-eight 26 days of the notice to avoid dismissal of the action. (Id.) 27 28 Petitioner has filed copies of his requests to the prison trust office to obtain the required documents. (Docket Nos. 6 and 7). However, nothing further has been Order Granting EOT to file IFP App. P:\PRO-SE\EJD\HC.14\03726Sanchez_eot-ifp.wpd 1 2 received by the Court with respect to Petitioner’s IFP application. In the interest of justice, Petitioner is granted an extension of time to file a 3 complete IFP application. No later than twenty-eight (28) days from the date this 4 order is filed, Petitioner shall file the supporting documents discussed above. In the 5 alternative, Petitioner may file the $5.00 filing fee in the same time provided. 6 Failure to file a timely response in accordance with this order by filing a 7 complete IFP application or paying the filing fee in the time provided will result in 8 the dismissal of this action without further notice to Petitioner. 9 DATED: 9/23/2014 EDWARD J. DAVILA United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order Granting EOT to file IFP App. P:\PRO-SE\EJD\HC.14\03726Sanchez_eot-ifp.wpd 2 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JORGE L. SANCHEZ, Case Number: CV14-03726 EJD Petitioner, CERTIFICATE OF SERVICE v. F. FOULK, Respondent. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 9/24/2014 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. Jorge Sanchez AK1353 High Desert State Prison P. O . Box 3030 Susanville, CA 96127 Dated: 9/24/2014 Richard W. Wieking, Clerk Elizabeth Garcia, Deputy Clerk /s/ By:

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