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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SONNY BARGER,
Petitioner,

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ORDER OF DISMISSAL

v.

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Case No. 18-cv-00224-WHO (PR)

FBI,
Respondent.

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Petitioner Sonny Barger, aka Gary Dale Barger, aka Gary Francis Fisher, has failed

United States District Court
Northern District of California

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to comply with the Court’s order to (i) file a complete application to proceed in forma

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pauperis (“IFP”), or (ii) pay the $5.00 filing fee. Accordingly, the action is DISMISSED

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without prejudice for failing to respond to the Court’s order, and for failure to prosecute,

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see Fed. R. Civ. P. 41(b). Because this dismissal is without prejudice, Barger may move to

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reopen this habeas action. Any such motion must contain a complete IFP application, or

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full payment for the $5.00 filing fee.

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It appears that Barger is asking to be granted IFP status on grounds that he allegedly

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is in imminent danger because of his bad health. (Dkt. No. 6.) Whatever the merits of his

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allegations, they are not relevant to habeas IFP matters. The imminent danger exception

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applies only to IFP applications in civil rights actions. Also, even if this were a civil rights

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action, Barger would still have to apply for IFP status by way of a complete IFP

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application before he could ask for the exception to apply.

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The Clerk shall enter judgment in favor of respondent, and close the file.

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IT IS SO ORDERED.

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Dated: March 6, 2018
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WILLIAM H. ORRICK
United States District Judge