Hancock v. Sedley Doc.

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Case 4:07-cv-04664-CW Document 5 Filed 09/20/2007 Page 1 of 3

1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE NORTHERN DISTRICT OF CALIFORNIA
3
JEFF JAY HANCOCK, No. C 07-04664 CW (PR)
4
Petitioner, ORDER REGARDING IN FORMA
5 PAUPERIS MOTION
v.
6
D. SEDLEY,
7 Respondent.
/
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9 Petitioner has filed a pro se petition for a writ of habeas
10 corpus pursuant to 28 U.S.C. § 2254. On that same date, the Clerk
For the Northern District of California

11 of the Court sent Petitioner a notice directing him to pay the

United States District Court

12 filing fee or to file a completed in forma pauperis (IFP)

13 application. Petitioner filed an IFP application; however,
14 Petitioner did not file a copy of the Certificate of Funds.
15 The Court cannot conduct an initial review of this matter
16 until Petitioner has either paid the filing fee or submitted a
17 complete IFP application. See 28 U.S.C. § 1915(a) (a party is
18 permitted to file a civil action in federal court without
19 prepayment of fees or security if he makes affidavit that he is
20 unable to pay such fees or give security therefor). If the
21 petitioner is a prisoner who alleges that he is unable to pay the
22 full filing fee at the time of filing, he must submit: (1) an
23 affidavit that includes a statement of all assets he possesses, and
24 (2) a certified copy of the trust fund account statement for the
25 prisoner for the six-month period immediately preceding the filing
26 of the action, obtained from the appropriate official of each
27 prison at which the prisoner is or was confined. See id.
28 § 1915(a)(1), (2). If the Court determines that the petitioner is

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 Case 4:07-cv-04664-CW Document 5 Filed 09/20/2007 Page 2 of 3

1 unable to pay the full filing fee at the time of filing, the
2 petitioner will be granted leave to proceed IFP.
3 Therefore, before the Court will proceed to review the
4 complaint Petitioner is hereby ORDERED to file copy of his
5 Certificate of Funds. He shall include with this document a clear
6 indication that it is for the above-referenced case number, C 07-
7 04664 CW (PR). Petitioner shall do so within thirty (30) days of
8 the date of this Order.
9 Failure to file copy of Petitioner's Certificate of Funds as
10 ordered herein by the thirty-day deadline shall result in the
For the Northern District of California

11 dismissal of this action without prejudice.

United States District Court

12 IT IS SO ORDERED.
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Dated: 9/20/07
14 CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE
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 Case 4:07-cv-04664-CW Document 5 Filed 09/20/2007 Page 3 of 3

1 UNITED STATES DISTRICT COURT

FOR THE
2 NORTHERN DISTRICT OF CALIFORNIA
3
JEFF JAY HANCOCK,
4 Case Number: CV07-04664 CW
Plaintiff,
5 CERTIFICATE OF SERVICE
v.
6
D. SEDLEY et al,
7
Defendant.
8 /

9
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
10 Court, Northern District of California.
For the Northern District of California

11 That on September 20, 2007, 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
United States District Court

12 envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located
in the Clerk's office.
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15 Jeff Jay Hancock V-49474
Avenal State Prison
16 140-111L
8 Kings Way
17 Avenal, CA 93204

18 Dated: September 20, 2007

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

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