PRESTONBACK v. USA

Filing 22

Order of Dismissal. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (ew) Service on parties made. Tracking #7016 3010 0000 4308 4287.

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No. l7-439 C
Filed: March 7,2018

FILED

LOGAN B, PRESTONBACK

MAR

Plaintiff,

-

7

2018

U.S. COURT OF
FEDERAL CLAIMS

THE UNITED STATES,
Defendant.

ORDER
On October 6, 2017, the govemment filed a motion for judgment on the Administrative
Record in this case. Plaintiff s Response was originally due November 3,2017. The Court, sua
sponte, exlended the plaintiffs Response deadline an additional 21 days. Plaintiff failed to
provide his Response, and the Court again, sua sponte, extended the Response deadline by 2l
days. On December 11,2017, the Cou( received Plaintiff s Motion for Enlargement of Time,
which requested an extension of time until February 28,2018. The Court granted the Motion for
Enlargement of Time on December 12,2018. In its Order, the Court wamed Mr. Prestonback
that given the three extensions of time, ifa response was not filed by February 28, 2018, the case
would be dismissed for failure to prosecute. Mr. Prestonback did not file a resDonse on or before
February 28,2018.
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." As pro se plaintiffs are, by their nature, unassisted, this Court
may sometimes gtant a pro se plaintiff greater lenience throughout the filing process. However,
when a party fails to respond to the government's Motions and to subsequent Court Orders,
dismissal is not only appropriate but required to properly administer justice. "While dismissal of
a claim is a harsh action, especially to a pro se liIigarfi, it is justified when a party fails to pursue
litigation diligently and disregards the court's rules. . . ." Whiting v. United Stqtes,99 Fed. Cl.
13,17 (2011)(citingKadinCorp. v. UnitedStates,782F.2dl75,176-77 (Fed. Cir. 1986)).

Accordingly, this case is DISMISSED, without prejudice, for failure to prosecute
4l(b), and all pending motions are dismissed as moot.

an

accordance with Rule

IT IS SO ORDERED.

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,

Loren A. Smith, Senior Judge

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