Filing 10

Order of Dismissal. The Clerk is directed to enter judgment. Signed by Senior Judge Loren A. Smith. (ac7) Service on parties made.

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lln tISt @nitr! $ltstts @ourt of No. 19-0038 Filed: May 17,2019 ENNIS H. PRATCHER, Plaintiff, v.) THE L]NITED STATES, Defendant. frlrsl @luimn ) ) ) ) ) ) ) ) ) ORDER On January 2,2019, plaintiff filed his Complaint. See generally Complaint (hereinafter "Compl."). On March 4,2019, the government filed a motion to dismiss under Rules of tne court of Federal claims ("RCFC') 12(bX1), (6). see generaliy Defendant's Motion to Dismiss (hereinafter "Def.'s Mot."). Plaintiff s Response was originally due April 1,2019. The Coun, sua sponte, extended plaintiff s deadline an additional 2l days from April 12, 2019, requirrng plaintiff to respond to the govemment's Motion on or before May 3,2019. In the court's order, plaintiff was wamed that failure to respond on or before May 3,2019, would result in the dismissal of his claims. RCFC 41(b) provides that "[i]fthe 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 sometrmes grant a pro se plaintiff greater lenience throughout the filing process. However, when a party fails to respond to defendant's motions and to subsequent Court Orders, dismissal is not only appropriate but is required to properly administer justice. "While dismissal of a claim is a harsh action, especially to apro se litigant, it is justified when a party fails to pursue litigation diligently and disregards the court's rules . . . ." Il/hiting v. united states,99 Fed. cl. 13, 17 (2011) (citing Kadin Corp. v. United Stares, Tt2 F.2d 175, 176_77 (Fed. Cir. l936)). Accordingly, this case is DISMISSED, without prejudice, for failure to prosecute in accordance with RCFC 41(b), and all pending motions are dismissed as moot. IT IS SO ORDERED. -- .Z rzl Loren A. Smith, Senior Judge 7017 1'{50 0000 13'rt 1550

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