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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court Northern District of California 11 KEVIN L. MCCULLOM, Plaintiff, 12 13 14 15 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) 16 17 18 On June 15, 2021, Plaintiff, proceeding pro se, filed a letter which was construed as 19 an attempt to file a civil rights complaint pursuant to 42 U.S.C. § 1983, against Santa Rita 20 County Jail officials. Dkt. No. 1. On the same date, Plaintiff was advised through two 21 separate Clerk’s notices that within twenty-eight days he must (1) file a complaint on the 22 court form and (2) either pay the full filing fee or file an application to proceed In Forma 23 Pauperis (“IFP”) in order to proceed with this action or face dismissal. Dkt. Nos. 2 and 3. 24 On July 9, 2021, Plaintiff filed a letter which the Court construes as requesting an 25 extension of time to respond. Dkt. No. 4. 26 27 28 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 1 of this order. Failure to file a complaint and an IFP application in the time provided shall 2 result in this action being dismissed without prejudice and without further notice to 3 Plaintiff. 4 5 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. 6 IT IS SO ORDERED. 7 Dated: __July 16, 2021_____ 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ________________________ BETH LABSON FREEMAN United States District Judge

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