McCullom v. O'Malley

Filing 5

ORDER GRANTING EXTENSION OF TIME TO FILE COMPLAINT AND APPLICATION TO PROCEED IN FORMA PAUPERIS re #4 Letter filed by Kevin Lee McCullom. Complaint and IFP Application due by 8/13/2021 Signed by Judge Beth Labson Freeman on 7/16/2021. (tshS, COURT STAFF) (Filed on 7/16/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
Northern District of California

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KEVIN L. MCCULLOM,
Plaintiff,

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v.
NANCY O’MALLEY, et al.,

Case No. 21-04591 BLF (PR)
ORDER GRANTING EXTENSION
OF TIME TO FILE COMPLAINT
AND APPLICATION TO PROCEED
IN FORMA PAUPERIS

Defendants.
(Docket No. 4)

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On June 15, 2021, Plaintiff, proceeding pro se, filed a letter which was construed as

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an attempt to file a civil rights complaint pursuant to 42 U.S.C. § 1983, against Santa Rita

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County Jail officials. Dkt. No. 1. On the same date, Plaintiff was advised through two

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separate Clerk’s notices that within twenty-eight days he must (1) file a complaint on the

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court form and (2) either pay the full filing fee or file an application to proceed In Forma

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Pauperis (“IFP”) in order to proceed with this action or face dismissal. Dkt. Nos. 2 and 3.

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On July 9, 2021, Plaintiff filed a letter which the Court construes as requesting an

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extension of time to respond. Dkt. No. 4.

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Good cause appearing, Plaintiff’s request is GRANTED. Plaintiff shall file a
complaint and IFP application no later than twenty-eight (28) days from the filing date
Order Granting EOT to file complaint & IFP
C:\Users\harwellt\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\Q81P3KSI\04591.McCullom_eot-ifpcomp.docx

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of this order. Failure to file a complaint and an IFP application in the time provided shall

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result in this action being dismissed without prejudice and without further notice to

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Plaintiff.

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The Clerk shall mail a copy of this order and copies of the two Clerk’s notices, Dkt.
Nos. 2 and 3, along with two copies of the complaint and IFP application.

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IT IS SO ORDERED.

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Dated: __July 16, 2021_____

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United States District Court
Northern District of California

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________________________
BETH LABSON FREEMAN
United States District Judge