Barger v. FBI
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ORDER OF DISMISSAL
Case No. 18-cv-00224-WHO (PR)
Petitioner Sonny Barger, aka Gary Dale Barger, aka Gary Francis Fisher, has failed
United States District Court
Northern District of California
to comply with the Court’s order to (i) file a complete application to proceed in forma
pauperis (“IFP”), or (ii) pay the $5.00 filing fee. 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 this habeas action. Any such motion must contain a complete IFP application, or
full payment for the $5.00 filing fee.
It appears that Barger is asking to be granted IFP status on grounds that he allegedly
is in imminent danger because of his bad health. (Dkt. No. 6.) Whatever the merits of his
allegations, they are not relevant to habeas IFP matters. The imminent danger exception
applies only to IFP applications in civil rights actions. Also, even if this were a civil rights
action, Barger would still have to apply for IFP status by way of a complete IFP
application before he could ask for the exception to apply.
The Clerk shall enter judgment in favor of respondent, and close the file.
IT IS SO ORDERED.
Dated: March 6, 2018
WILLIAM H. ORRICK
United States District Judge
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