TWO HEARTS v. USA

Filing 14

Order of Dismissal finding as moot 11 Motion to Dismiss - Rule 12(b)(1) and 12(b)(6). The Clerk is directed to enter judgment. Signed by Chief Judge Susan G. Braden. (dw) Copy to parties.

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No. 16-1578
Filed; May 2,2017

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FILED

CHAD S. TWO HEARTS,

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Plaintiff, pro se,

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THE TJNITED STATES,
Defendant.
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ORDER OF DISMISSAL
On February 27,2017, the Government filed a Motion To Dismiss, pursuant to Rules of
the United States Court of Federal Claims ("RCFC) 12(bX1) and 12(b)(6). ECF No. 11.
Plaintiffs Response was due on March 30,2017. Plaintiff did not file any response or objection
with the court.
On April 13,2017, the court issued an Order, instructing Plaintiff to show cause why his
complaint should not be dismissed for failure to prosecute, pursuant to RCFC 41(b). ECF No. 7.
And, that if Plaintiff did not respond to the order on, or before, April 28, 2017 , the court would
dismiss Plaintiff s November 28,2016 Complaint. ECF No. 7.
Pursuant to RCFC 4l (b), the court may dismiss Plaintiff s claim, with prejudice, for failure
to prosecute. see RCFC 41(b) ("If the plaintiff fails to prosecute or ro 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 Plaintiffhas failed to file a Response to the February 3, 2017 Motion To Dismiss and the
March 15, 2017 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 February 27,2017 Motion
To Dismiss is moot.

IT IS SO ORDERED.

Chief Judge