YIFRU v. USA

Filing 10

DISMISSAL ORDER finding as moot 6 Motion to Dismiss - Rule 12(b)(1) and (6); finding as moot 8 Motion to Stay; and finding as moot 2 Motion for Leave to Proceed in forma pauperis. The Clerk is directed to enter judgment. Signed by Judge Lydia Kay Griggsby. (jw) Service on parties made; plaintiff served via U.S. mail. (dls)

In the United States Court of Federal Claims
ABIY YIFRU,
Plaintiff,
v.
THE UNITED STATES,
Defendant.

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No. 20-316C
Filed July 24, 2020

DISMISSAL ORDER
Plaintiff, pro se, Abiy Yifru, commenced this action on March 16, 2020. ECF No. 1. On
May 22, 2020, the government filed a motion to dismiss this matter for lack of subject-matter
jurisdiction and for failure to state a claim upon which relief can be granted, pursuant to Rules
12(b)(1) and (6) of the Rules of the United States Court of Federal Claims (“RCFC”). ECF No.
6. Plaintiff has also moved to proceed in the matter in forma pauperis. ECF No. 2.
Plaintiff’s response to the government’s motion to dismiss was due on June 19, 2020. On
June 25, 2020, the Court issued a Show Cause Order directing plaintiff to explain why he failed
to timely respond to the government’s motion to dismiss and to provide his response to the
government’s motion. ECF No. 7. In that Order, the Court also informed plaintiff that, should
he fail to respond to the government’s motion to dismiss by July 6, 2020, the Court would treat
such failure to respond as a failure to comply with the Court’s Order and to prosecute this matter
pursuant to RCFC 41(b). Plaintiff has not timely filed a response to the government’s motion to
dismiss, or a response to the Court’s Show Cause Order.1 RCFC 41(b).
Because plaintiff has failed to comply with the Court’s June 25, 2020, Show Cause Order
and to prosecute this matter, the Court dismisses this action without prejudice. RCFC 41(b).2
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On June 25, 2020, plaintiff filed a motion to stay these proceedings due to personal complications
created by the pandemic. ECF No. 8.
RCFC 41(b) provides that: “[i]f the plaintiff fails to prosecute or to comply with [the Court’s] 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.” RCFC 41(b).
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Plaintiff may refile his claim when his circumstances allow.
And so, for the foregoing reasons, the Court:
1. DENIES-AS-MOOT the government’s motion to dismiss;
2. DENIES-AS-MOOT plaintiff’s motions to proceed in forma pauperis and to stay
proceedings; and
3. 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.

s/ Lydia Kay Griggsby
LYDIA KAY GRIGGSBY
Judge

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