Burns v. Swarthout
Filing
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ORDER GRANTING EXTENSION OF TIME TO FILE MOTION FOR RECONSIDERATION AND PAY FILING FEE. Petitioner shall file a motion showing good cause why this case should be reopened along with the proof of payment of the filing fee within thirty (30) days from the date this order is filed. If Petitioner fails to respond in the time provided, this case will remain closed and no further filings will be accepted in this matter. Any federal petition filed by Petitioner thereafter will be opened as a new action subject to new filing fees.The Clerk shall enclose a copy of the docket with a copy of this order to Petitioner. Signed by Judge Edward J. Davila on 8/10/2012. (ecg, COURT STAFF) (Filed on 8/21/2012) (Additional attachment(s) added on 8/21/2012: # 1 Copy of Docket Sheet) (ecg, COURT STAFF).
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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RICHARD L. BURNS,
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Petitioner,
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vs.
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G. SWARTHOUT, Warden,
Respondent.
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No. C 11-06301 EJD (PR)
ORDER GRANTING EXTENSION OF
TIME TO FILE MOTION FOR
RECONSIDERATION AND PAY
FILING FEE
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On June 25, 2012, the Court dismissed this pro se petition for writ of habeas
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corpus without prejudice for Petitioner’s failure to pay the filing fee after the Court
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denied his motion for leave to proceed in forma pauperis. (See Docket No. 4.) On
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August 6, 2012, Petitioner filed a first amended petition. (Docket No. 11.) Petitioner is
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advised that this matter is closed, and he must show good cause for this Court to consider
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reopening the matter.
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In the interest of justice, the Court will grant Petitioner an extension of time to pay
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the $5.00 filing fee and a motion for reconsideration to reopen this action. Petitioner shall
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file a motion showing good cause why this case should be reopened along with the proof
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of payment of the filing fee within thirty (30) days from the date this order is filed.
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If Petitioner fails to respond in the time provided, this case will remain closed
and no further filings will be accepted in this matter. Any federal petition filed by
Order
P:\pro-se\sj.jf\hc.03\Johnson274ext
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Petitioner thereafter will be opened as a new action subject to new filing fees.
The Clerk shall enclose a copy of the docket with a copy of this order to Petitioner.
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DATED:
8/10/2012
EDWARD J. DAVILA
United States District Judge
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Order Granting EOT to file Motion for Recon.
G:\PRO-SE\SJ.EJD\HC.11\06301Burns_misc.wpd
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
RICHARD L. BURNS,
Case Number: CV11-06301 EJD
Petitioner,
CERTIFICATE OF SERVICE
v.
GARY SWARTHOUT, Warden,
Respondent.
/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
8/21/2012
That on
, 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 L. Burns AA-7046
California State Prison, Solano
P. O. Box 4000
Vacaville, CA 65696-4000
Dated:
8/21/2012
Richard W. Wieking, Clerk
/s/By: Elizabeth Garcia, Deputy Clerk
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