Free Order - District Court of California - California

Case 4:08-cv-02280-CW

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Filed 07/03/2008

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. However, Petitioner has not v. ROBERT L. AYERS, Respondent. / DEAN MARTIN, Petitioner, No. C 08-02280 CW (PR) ORDER DIRECTING PAYMENT OF FILING FEE OR FILING OF IN FORMA PAUPERIS APPLICATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

paid the requisite $5.00 filing fee or filed an application for leave to proceed in forma pauperis (IFP). The Court cannot conduct

an initial review of this matter until Petitioner has either paid the filing fee or completed an IFP application. See 28 U.S.C.

§ 1915(a) (a party is permitted to file a civil action in federal court without prepayment of fees or security if he makes affidavit that he is unable to pay such fees or give security therefor). Accordingly, Petitioner shall pay the requisite $5.00 filing fee in this action no later than thirty (30) days from the date of

Case 4:08-cv-02280-CW

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Filed 07/03/2008

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

this Order.

He shall include with his payment a clear indication

that it is for the above-referenced case number, C 08-02280 CW(PR). In the event that Petitioner is unable to pay the filing fee, he shall submit an IFP application no later than thirty (30) days from the date of this Order. Failure to pay the filing fee or file

the requisite documents within the thirty-day deadline shall result in dismissal of this action. The Clerk of the Court shall send Petitioner a blank prisoner IFP application form along with his copy of this Order. IT IS SO ORDERED. Dated: 7/3/08 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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Case 4:08-cv-02280-CW

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Filed 07/03/2008

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dean Martin F49697 San Quentin State Prison San Quentin, CA 94964 Dated: July 3, 2008 v. / et al, Defendant. DEAN MARTIN, Plaintiff,

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-02280 CW CERTIFICATE OF SERVICE

/

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 July 3, 2008, 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.

Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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