Opinion
No. C 10-05235 JW (PR).
December 29, 2010
ORDER GRANTING EXTENSION OF TIME TO FILE IN FORMA PAUPERIS APPLICATION (Docket No. 5)
On November 18, 2010, petitioner, a state prisoner proceedingpro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On the same day, the clerk of the court sent a notice to petitioner that a filing fee of $5.00 was now due or in the alternative, that petitioner must file an In Forma Pauperis Application. (Docket No. 3.) Petitioner was advised that he must respond within thirty days to avoid the action being dismissed.
On December 8, 2010, petitioner filed a letter wherein he requests an extension of time to file an in forma pauperis application. (Docket No. 5.) Good cause appearing, the request is GRANTED. Petitioner must file a completed in forma pauperis application no later than January 1, 2011. In the alternative, petitioner may file the $5.00 filing fee. FAILURE TO FILE A TIMELY RESPONSE IN ACCORDANCE WITH THIS ORDER WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER.
DATED: December 21, 2010