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