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Johnson v. Toby

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Oct 19, 2011
No. C 11-01975 CW (PR) (N.D. Cal. Oct. 19, 2011)

Opinion

No. C 11-01975 CW (PR) Docket no. 22 No. C 11-02058 CW (PR) Docket no. 31

10-19-2011

PAUL SAMUEL JOHNSON, Plaintiff, v. LIEUTENANT TOBY, et al., Defendants. PAUL SAMUEL JOHNSON, Plaintiff, v. WARDEN FONG, et al., Defendants.


ORDER DENYING AS MOOT PLAINTIFF'S

REQUESTS FOR EXTENSION OF TIME TO

FILE IN FORMA PAUPERIS DOCUMENTS;

DIRECTING CLERK OF COURT TO FILE

A COPY OF DOCKET NO. 21 FROM CASE

NO. C 11-01975 INTO

CASE NO. C 11-02058

Plaintiff, a state prisoner currently incarcerated at California State Prison - Solano, filed the above pro se civil rights actions pursuant to 42 U.S.C. § 1983. In both actions, Plaintiff seeks leave to proceed in forma pauperis (IFP). And, in both actions, Plaintiff has been granted several extensions of time to comply with the Court's requirement that he complete his IFP applications by providing copies of his prisoner trust account statement and a signed Certificate of Funds.

On October 11, 2011, Plaintiff filed, in case No. C 11-01975, a trust account statement and signed Certificate of Funds. See Docket no. 21. Two days later, Plaintiff filed a form application requesting an extension of thirty days to file an unspecified pleading; on the last page of the form, Plaintiff clarifies that he is seeking the extension of time to file the requisite IFP application documents. Because, however, Plaintiff filed the necessary IFP application documents in that case on October 11, 2011, his request for an extension of time is DENIED as moot.

Similarly, on October 13, 2011, Plaintiff filed, in case No. C 11-02058, a request for an extension of thirty days to file the requisite IFP application documents in that case. See Docket no. 31. Good cause appearing, the Court DIRECTS the Clerk of the Court to file a copy of the IFP application documents entered as Docket no. 21 in case No. C 11-01975 into case No. C 11-02058. Thus, no further IFP application documents are required in case No. C 11-02058, and Plaintiff's request for an extension of time to file the documents in that case is DENIED as moot.

As the Court now has received all of the documents necessary for review of Plaintiff's IFP applications, the Court will rule by separate order on Plaintiff's requests to proceed IFP in the above actions.

This Order terminates Docket no. 22 in C 11-01975, and Docket no. 31 in C 11-02058.

IT IS SO ORDERED.

CLAUDIA WILKEN

UNITED STATES DISTRICT JUDGE

UNITED STATES DISTRICT COURT

FOR THE

NORTHERN DISTRICT OF CALIFORNIA

PAUL SAMUEL JOHNSON, Plaintiff,

v.

TOBY et al, Defendant.

PAUL SAMUEL JOHNSON, Plaintiff,

v.

WARDEN FONG, et al., Defendants.

Case Number: CV11-01975 CW


CERTIFICATE OF SERVICE


Case Number: CV11-02058 CW

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California.

That on October 19, 2011, 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.

Paul Samuel Johnson F 41309

California State Prison - Solano

12 B-204 low

P.O. Box 4000

2100 Peabody Road

Vacaville, CA 95969-4000

Richard W. Wieking, Clerk

By: Nikki Riley, Deputy Clerk


Summaries of

Johnson v. Toby

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Oct 19, 2011
No. C 11-01975 CW (PR) (N.D. Cal. Oct. 19, 2011)
Case details for

Johnson v. Toby

Case Details

Full title:PAUL SAMUEL JOHNSON, Plaintiff, v. LIEUTENANT TOBY, et al., Defendants…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Oct 19, 2011

Citations

No. C 11-01975 CW (PR) (N.D. Cal. Oct. 19, 2011)