1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KEVIN LEE MCCULLOM, Case No. 21-cv-02515-HSG

8 Petitioner, ORDER GRANTING EXTENSION OF TIME TO PAY FILING FEE OR TO 9 v. FILE APPLICATION TO PROCEED IN FORMA PAUPERIS 10 GREGORY J. AHERN,

11 Respondent.

12 Petitioner, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28

On April 7, 2021, the Court informed Petitioner that this action was deficient 14 because Petitioner had failed to pay the $5.00 filing fee or file an application to proceed in forma 15 pauperis. Dkt. No. 2. Petitioner was instructed to, by May 5, 2021, either pay the $5.00 filing fee 16 or file an application to proceed in forma pauperis, and that failure to do so would result in this 17 action being dismissed without further notice. Dkt. No. 2. 18 On April 30, 2021, Petitioner filed a letter with the Court, alleging that officials at Santa 19 Rita Jail have removed his certificate of funds in trust account statement from his mailings to the 20 Court. Dkt. No. 7. In light of this allegation, the Court sua sponte grants Petitioner an extension 21 of time to either pay the filing fee or file an in forma pauperis application. By June 21, 2021, 22 Petitioner shall either pay the $5.00 filing fee or file an application to proceed in forma pauperis. 23 Regardless of whether prison officials provide Petitioner with the certificate of funds in trust 24

25 1 The Clerk of the Court is directed to substitute Alameda County Sheriff Gregory Ahern in place of the previously named respondent because Sheriff Ahern is Petitioner’s current custodian. See 26 Ortiz-Sandoval v. Gomez,

(9th Cir.), as amended (May 8, 1996) (rules governing relief under

require person in custody pursuant to judgment of state court to 27 name state officer having custody of him as respondent); Stanley v. Cal. Sup. Ct.,

, 360 ] account or whether prison officials mail the certificate of funds to the Court, Petitioner is still 2 || responsible for filing an in forma pauperis application, even if it lacks the certificate of funds 3 statement. The Court notes that Petitioner has not yet filed an application to proceed in forma 4 || pauperis. 5 For the reasons set forth above, the Court orders as follows. 6 1. The Clerk of the Court is directed to substitute Alameda County Sheriff Gregory 7 || Ahern in place of the previously named respondent. 8 2. By June 21, 2021, Petitioner shall either pay the $5.00 filing fee or file an 9 || application to proceed in forma pauperis. The Clerk shall include two copies of the Court’s in 10 || forma pauperis application with this order. 11 3. The Court requests that Santa Rita Jail officials assist Petitioner in preparing the 12 || necessary supporting materials to complete his in forma pauperis application. The Clerk shall E 13 send a courtesy copy of this order to the litigation coordinator at Santa Rita Jail, 5325 Broder 14 || Blvd., Dublin, CA 94568-3309. 3 15 IT IS SO ORDERED. 16 || Dated: May 14, 2021

Alepwrdl □ Mbt |). HAYWOOD S. GILLIAM, JR. 4 18 United States District Judge 19 20 21 22 23 24 25 26 27 28