FOX v. USA

Filing 10

Order of Dismissal. The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden. (dls) Copy to parties.

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No. 16-914
Filed: December 20, 201 6

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FILED

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DIU 2 0

DIONYSIOUS FOX,

2016

U.S, COURT OF

Plaintiff, pro se,

FEDERAL CLAIMS

THE UNITED STATES,
Defendant.

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ORDER
On September 30,2016, the Government filed a Motion To Dismiss, pursuant to Rule of
the united states court of Federal claims ("RCFC) 12(bX1). ECF No. 8. PlainrifPs Response
was due on October 31,2016. Plaintiffdid not file any response or objection with the court.
On December 2,2016, the court issued an Order, instructing Plaintilf to show cause why
his Complaint should not be dismissed for failure prosecute. ECF No. 9. And, that if Plaintiff did
not respond to the order on, or before, December 19,2016, the court would dismiss plaintifls
Complaint. ECF No. 9.
Pursuant to RCFC 41(b), the court may dismiss Plaintiff s claim, with prejudice, for failure
to prosecute. see RCFC 41(b) ("lf the plaintiff fails to prosecute or to comply with [the RCFC] or
a court order, the court may dismiss on its own motion . . . Unless the dismissal order states
otherwise, a dismissal under this subdivision . . . operates as an adjudication on the merits[.]").
Because Plaintiff has failed to file a Response to the September 30,2016 Motion To Dismiss and
the December 2,2016 Show cause order, this case is dismissed, with prejudice, for failure to
prosecute.

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Accordingly, the Clerk is directed to close this case. And, the September 30, 2016 Motion
To Dismiss is moot.

IT IS SO ORDERED.

Judge