MARTINEZ et al v. USA

Filing 7

Order of Dismissal. The Clerk is directed to enter judgment. Signed by Judge Thomas C. Wheeler. (dls) Copy to parties. (Plaintiffs served via certified mail; Article No. 7014 1200 0000 9093 6712)

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No. 17-38
(Filed: March 6.2017)

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GABRIEL AND MAURILIA MARTINEZ,

FILED
MAR

- 6 2017

U.S. COURT OF
FEDERAL CLAIMS

Plaintiffs,

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THE LINITED STATES,

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Defendant.
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DISMISSAL ORDER
On January 9,2017,pro se Plaintiffs Gabriel and Maurilia Martinez submitted a
collection of documents to the Court including a copy of Mr. Martinez's 2012 tax retum,
correspondence with the Intemal Revenue Service, and documentation suppoding a
After reviewing these documents, the Court issued an
medical diagnosis. Dkt. No.
order on January 12, 2017 requiring the Plaintiffs to file a proper complaint "explaining
how these documents support a legal claim against the United States of America" by
February 2,2017. Dkt. No.4. On February 8,2017, after receiving no correspondence
from the Plaintiffs, the Court issued an Order to Show Cause stating that failure to file a
proper complaint by February 22,2017 would "result in the dismissal of this case'" Dkt.
No. 6. To date, the Plaintiffs have not complied with either Order.

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RCFC 4l(b) provides that "[i]f the plaintiff fails to prosecute or comply with these
rules or a court order, the court may dismiss on its own motion or the defendant may move
to dismiss the action or any claim against it." Rule 41(b) is a necessary tool to ensure
eflicient docket management and prevent undue delays in litigation. Link v. Wabash R.R.
Co., 370 U.S. 626, 629-30 (1962). "While dismissal of a claim is a harsh action, . . . it is
justified when a party fails to pursue litigation diligently and disregards the court's rules
and show cause order." Whitine v. United States, 99 Fed. Cl. 13,17 (2011) (citing Kadin

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Corp. v. United States,782 F.2d 175, 176-77 (Fed. Cir. 1986)). Here, Mr. and Mrs.
Martinez failed to comply with nryo Orders requiring the filing of a complaint consistent
with the Rules of this Court. Dismissal is therefore not only appropriate, but required to
maintain efficient usage of the Court's resources.
Accordingly, for the foregoing reasons, the Court DISMISSES Plaintiffs' complaint
for failure to prosecute. The Clerk is directed to dismiss Plaintiffs' complaint without
prejudice.

IT IS SO ORDERED.

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THOMAS C. WHEELER
Judge