FRASIER v. USA

Filing 7

Order of Dismissal. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (dls) Copy to parties. (Plaintiff served via certified mail; Article No. 7014 1200 0000 9093 6767)

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(Pro Se)

FILED

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CRYSTAL FRASIER,
Plaintiff,

MAR

U.S. COURT OF

FEDEML CLAIMS

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THE UNITED STATES OF

AMERICA,

Defendant.

- Z 2017

No. l6-1323C
(Filed: March 7,2017)

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ORDER
on December 12, 2016, the govemment filed a motion to dismiss pursuant to Ruies
12(b)(1) and 12(bX6) ofthe Rules ofthe court of Federal claims (RCFC). Docket No. 5.

Ms. Frasier's response to the motion was due by January 12,2017. See RCFC 6(aXl), 6(d), &
7.2(b). By January 25,2017, Ms. Frasier had not responded to the govemment's motion and the
Court issued an order to show cause as to why Ms. Frasier's complaint should not be dismissed

pusuant to RCFC 41(b), for failure to comply with the Rules of this court or to prosecute this
case.

order, Docket No. 6. Ms. Frasier's response to that order was due by February 24,2017.

Id. she has not, however, responded. Therefore, pursuant to RCFC

4lo),

the court hereby

DISMISSES Ms. Frasier's complaint without prejudice. The Clerk is directed to enter judgment
accordingly. Each party shall bear its own costs.

IT IS SO ORDERED.

e/4---ELAINE D. KAPLAN
Judge

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