HAINES v. USA

Filing 14

Order: Plaintiff has both failed to comply with the court's instructions and has failed to prosecute his claims. Therefore, pursuant to RCFC 41(b), plaintiff's complaint is DISMISSED without prejudice. The Clerk is directed to enter judgment. Signed by Senior Judge Marian Blank Horn. (vds) Service on parties made.

ORDER
On January 2,2019, plaintiff filed his complaint in the above captioned case. On
May 3, 2019, defendant filed a motion to dismiss. Plaintiff's response to the motion to
dismiss was to be filed on or before May 24,2019. On June 10,2019, plaintiff submitted
r nling to the Clerk's Office tifled: "Plaintiff's Opposition to Defendant's Motion to Dismiss."
The 6lerk's Office did not file plaintiff's submission because the filing was not in
of
compliance with Rules 5.3, and 5.5(dX2) of the Ru.Je9 of the United States Court
missing. On June
Federal Claims (RCFC) (2019), specificaliy, the proof of service was
j1,21jg, the court issued an Order instruiting the Clerk's Office to return plaintiffls June
lO, ZOlg submission, and to file a corrected iesponse to defendant's motion to dismiss
on or before June 28, 2019.
Order
On July iS, ZO1g, the Clerk's Office indicated that the court's June 1 1 ,2019
provided by plaintiff'
was returned because the mail was not delivered to the address
plaintiff, therefore, did not comply with the court's instruction to file a corrected response
*'!h-tl9
to the motion to dismiss by Jun6 28,2019. Plaintiff has both failed to comply
Therefore, pursuant to RCFC
court's instructions and rras taiteo to prosecute his claims.
41(b), plaintiffs complaint is DlsMlssED without prejudice.

Judge