TREADWAY v. USA

Filing 16

Order of dismissal denying 4 Motion for Leave to Proceed in forma pauperis; denying, as moot, 6 Motion to Substitute Party; and directing the Clerk to enter judgment. Signed by Judge Lydia Kay Griggsby. (dls) Service on parties made. (Plaintiff served via certified mail; Article No. 7017 1450 0000 1346 2182)

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FILED
PETERTREADWAY,

JUN

Plaintifl

U.S- COURT OF
FEDERAL CLAIMS

No. 18-93C
.fHE

I 8 2OIE

Filed: June 18,2018

LINITED STATES,
Defendant.

DISMISSAL ORDER
Plaintiff, pro se, Peter Treadway, commenced this action on January 18, 2018 (docket
entry nos.

l).

On February 6,2018, plaintiff filed a motion to substitute West Chester,

Pennsylvania as defendant (docket entry no. 6). On March 19,2018,the govemment filed a

motion to dismiss this matter for lack of subjeclmatter jurisdiction and for failure to state a
claim upon which relief can be granted, pursuant to Rules l2(b)(1) and (6) of the Rules ofthe
United States Court of Federal Claims C'RCFC') (docket entry no. 1l).
On

April

19, 2018, the govemment

filed

a notice advising the Court that

plaintiff

s

service copy ofthe government's motion to dismiss had been retumed due to an error in

plaintiff

s address, and moved

for an extension of time for plaintiff to respond commensurate

with the date that would have been set if the United States had made its filing on April I 9, 201

8

(docket entry no. 12). On Apt'.l26,2018, the Court granted the govemment's motion, and
directed plaintiff to respond to the govemment's motion to dismiss by May 17,2018 (docket
entry no. l3).

After plaintiff failed to submit

a

timely response to the government's motion to dismiss,

the Court issued a Show Cause Order on May 22,2018, instructing plaintiffto show cause as to

why he did not timely respond to the government's motion to dismiss and to provide a response
to the govemment's motion to dismiss by June 12,2018 (docket entry no.
Cause Order, the Court informed

l4).

In the Show

plaintiffthat, should he fail to respond to the government's

motion to dismiss by June 12, 2018, the Court would treat plaintiff s failure to respond as a

?01,7 l,'{50 0000 13+b el,8e

failure to comply with a Court Order and to prosecute this matter, pursuant to RCFC 4l(b).

Plaintiffhas failed to file

a response to the

govemment's motion to dismiss, and to comply with

the Court's May 22,2018, Show Cause Order. RCFC 41(b).

Plaintiff has also moved to proceed in this matrer informa pauperis andhe has submitted
an application for leave to proceed in this matter in forma pauperis and statements regarding his
assets and

liabilities, the nature of this action, and that he is wrable to prepay the costs of this

action because ofhis poverty (docket entry no.4). Plaintiff has not, however, submitted a copy

of his trust fund account statement.
In view of the foregoing, the Court:

l.

DENIES plaintifPs motion to proceed informa pauperis;

2.
3.

DENIES

as moot

plaintifP

s

motion to substitute; and

DISMISSES the complaint without prejudice, pursuant to RCFC 41(b).

The Clerk's Office is directed to ENTER final judgment consistent with this Order.

No costs.

IT IS SO ORDERED.

2