Barger v. Director of OB

Filing 9

ORDER OF DISMISSAL. The action is DISMISSED without prejudice for failing to respond to the Court's order, and for failure to prosecute. Signed by Judge William H. Orrick on 08/12/2014. (Attachments: #(1) Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 8/12/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GARY DALE BARGER,
aka GARY FISHER,
Petitioner,

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Case No. 14-cv-02754-WHO (PR)
ORDER OF DISMISSAL

v.
DIRECTOR OF OB,
Respondent.

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United States District Court
Northern District of California

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Petitioner Gary Dale Barger has failed to comply with the Court’s order to perfect

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his application to proceed in forma pauperis (“IFP”), or pay the full filing fee of $5.00.

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The IFP application is deficient because Barger has not submitted a (1) signed IFP

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application; (2) Certificate of Funds completed and signed by an authorized prison officer,

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and (3) prison trust account statement showing transactions for the last six months.

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Accordingly, the action is DISMISSED without prejudice for failing to respond to the

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Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). Because this

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dismissal is without prejudice, Barger may move to reopen the action. Any such motion

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must contain (1) the three documents listed above, or (2) full payment for the filing fee of

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$5.00. Barger’s IFP application (Docket No. 2) is DENIED as incomplete. His motion for

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the appointment of counsel (Docket No. 3) is DENIED without prejudice. Barger may

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refile such motion with the IFP documents listed above. The Clerk shall terminate Docket

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Nos. 2 and 3, enter judgment in favor of respondent, and close the file.

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IT IS SO ORDERED.
Dated: August 12, 2014
_________________________
WILLIAM H. ORRICK
United States District Judge