BARKER v. USA

Filing 8

Order of Dismissal. The Clerk is directed to enter judgment. Signed by Chief Judge Margaret M. Sweeney. (Article No. 7017 1450 0000 1346 1314) (ac7) Service on parties made.

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No. l8-1338
(Filed: January 3,2019)
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MOSES EUGENE BARKNR,

Plaintiff,

THE UNITED STATES,

Defendant.
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ORDER
Plaintiff, proceeding pro se, initiated a lawsuit in this court in August 30,2018. On
October 16, 2018, defendant moved to dismiss plaintiff s complaint pursuant to Rule 12(b)(l)
and (6) of the Rules of the United States Court of Federal Claims ("RCFC"). In accordance with
RCFC 7.2(b) and RCFC 6(d), plaintifPs response to the motion was due by November 15,2018.
On November 26,2018, the court issued an Order directing plaintiffto file a response to
defendant's motion by no later than December 26,2018, and waming him that failure to do so
might result in the dismissal of his complaint for failure to prosecute. As of the date of this
Order, plaintiff has not filed a response.

Therefore, pursuant to RCFC 41(b), plaintiff s complaint is DISMISSED WITHOUT
PREJUDICE for failure to prosecute. No costs. The clerk is directed to enter judgment
accordingly.

IT IS SO ORDERED.