Barger v. United States

Filing 8

ORDER OF DISMISSAL. The action is dismissed without prejudice for failure to prosecute. Signed by Judge William H. Orrick on 01/10/2018. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 1/10/2018)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 GARY DALE BARGER, Plaintiff, 5 ORDER OF DISMISSAL v. 6 7 Case No. 17-cv-06719-WHO (PR) UNITED STATES, Defendant. 8 Dkt. Nos. 4 and 6 9 10 Plaintiff Gary Dale Barger, aka Gary Francis Fisher, aka Sonny Barger, has failed to United States District Court Northern District of California 11 comply with the Court’s order to (1) file a complete application to proceed in forma 12 pauperis (“IFP”), or (2) pay the full filing fee of $400.00. His IFP application lacks two 13 necessary documents: a Certificate of Funds completed and signed by an authorized 14 prison officer, and a prison trust account statement showing transactions for the last six 15 months. Accordingly, the action is DISMISSED without prejudice for failing to respond 16 to the Court’s order, and for failure to prosecute, see Fed. R. Civ. P. 41(b). Because this 17 dismissal is without prejudice, Barger may move to reopen the action. Any such motion 18 must contain a complete IFP application, which includes the two documents mentioned 19 above, or full payment for the $400.00 filing fee. 20 Barger’s IFP application (Dkt. Nos. 4 and 6) are DENIED as insufficient. The 21 Clerk shall terminate Dkt. Nos. 4 and 6, enter judgment in favor of defendant, and close 22 the file. 23 24 25 26 27 28 IT IS SO ORDERED. Dated: January 10, 2018 _________________________ WILLIAM H. ORRICK United States District Judge

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