Walker v. People

Full title: JEFFERY E. WALKER, Petitioner, v. PEOPLE OF THE STATE OF CALIFORNIA…

Court: United States District Court, N.D. California

Date published: Oct 26, 2011

No. C 11-03177 EJD (PR) (N.D. Cal. Oct. 26, 2011)

Opinion

No. C 11-03177 EJD (PR).

October 26, 2011

ORDER GRANTING EXTENSION OF TIME TO FILE COMPLETE IN FORMA PAUPERIS APPLICATION

EDWARD DAVILA, District Judge

On June 27, 2011, Petitioner, a state prisoner proceeding pro 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 ("IFP") Application. (Docket No. 2.) Petitioner was advised that he must respond within thirty days to avoid the action being dismissed.

Petitioner has since filed two IFP applications which are deficient for the following reasons: 1) the Certificate of Funds in Prisoner's Account was not completed and signed by an authorized prison official; and 2) Petitioner failed to attach a copy of his prisoner trust account statement showing transactions for the last six months. (Docket Nos. 4 5.)

In the interest of justice, Petitioner is granted an extension of time to file the missing documents to complete his IFP Application. Petitioner must file the missing documents described above no later than thirty (30) days from the date this order is filed. 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 WILL RESULT IN THE DISMISSAL OF THIS ACTION WITHOUT FURTHER NOTICE TO PETITIONER .

The Clerk shall enclose two blank copies of the Certificate of Funds in Prisoner's Account with a copy of this order to Petitioner. Case Number:

_______________

CERTIFICATE OF FUNDS IN PRISONER'S ACCOUNT

I certify that attached hereto is a true and correct copy of the prisoner's trust account statement showing transactions of ______________________ [prisoner name] for the last six months ___________________________ [name of institution] where (s)he is confined.

I further certify that the average deposits each month to this prisoner's account for the most recent 6-month period were $ ______________ and the average balance in the prisoner's account each month for the most recent 6-month period was $___________.

Dated: ___________ ________________________________________________ [Authorized officer of the institution]