Barger v. FBI

Filing 7

ORDER OF DISMISSAL. Signed by Judge William H. Orrick on 03/06/2018. (Attachments: # 1 Certificate/Proof of Service) (jmdS, COURT STAFF) (Filed on 3/6/2018)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 SONNY BARGER, Petitioner, 5 8 ORDER OF DISMISSAL v. 6 7 Case No. 18-cv-00224-WHO (PR) FBI, Respondent. 9 10 Petitioner Sonny Barger, aka Gary Dale Barger, aka Gary Francis Fisher, has failed United States District Court Northern District of California 11 to comply with the Court’s order to (i) file a complete application to proceed in forma 12 pauperis (“IFP”), or (ii) pay the $5.00 filing fee. Accordingly, the action is DISMISSED 13 without prejudice for failing to respond to the Court’s order, and for failure to prosecute, 14 see Fed. R. Civ. P. 41(b). Because this dismissal is without prejudice, Barger may move to 15 reopen this habeas action. Any such motion must contain a complete IFP application, or 16 full payment for the $5.00 filing fee. 17 It appears that Barger is asking to be granted IFP status on grounds that he allegedly 18 is in imminent danger because of his bad health. (Dkt. No. 6.) Whatever the merits of his 19 allegations, they are not relevant to habeas IFP matters. The imminent danger exception 20 applies only to IFP applications in civil rights actions. Also, even if this were a civil rights 21 action, Barger would still have to apply for IFP status by way of a complete IFP 22 application before he could ask for the exception to apply. 23 The Clerk shall enter judgment in favor of respondent, and close the file. 24 IT IS SO ORDERED. 25 26 27 28 Dated: March 6, 2018 _________________________ WILLIAM H. ORRICK United States District Judge

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