Nix El v. United States of America

Filing 21

MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 10/17/2017. (kns, Deputy Clerk)(c/m 10/18/17 rs/ch)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND

JEFFREY B. NIX EL,
Plaintiff,
v.
UNITED STATES OF |AMERICA
Defendant.

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Civil No.

PJM 17-773

MEMORANDUM OPINION
On March 7, 2016, pro se Plaintiff Jeffrey Nix El (“Nix El”) filed a three-count
complaint in the United States District Court for the District of Columbia against the Internal
Revenue Service (“IRS”) seeking $2 million in damages. ECF No. 1. On July 1, 2016, the United
States filed its first Motion to Dismiss. ECF No. 6. On February 10, 2017, the District Court for
the District of Columbia transferred the case to this District of Maryland and ordered that the
United States be substituted as the sole defendant. See ECF No. 10 at 4, 7.
On July 27, 2017, in this Court, the Government filed a Renewed Motion to Dismiss
pursuant to Fed. R. Civ. P. 12(b)(6) on the grounds that Plaintiff has failed to state a claim upon
which relief can be granted. On August 3, 2017, the Court mailed a Rule 12/Rule 56 letter to Nix
El, advising him that he must file a response within 17 days of the date of the letter, i.e., by
August 21, 2017, and that failure to do so could result in dismissal of his claims. ECF No. 16.
The Court mailed its letter to 5300 Roberts Prospect Drive, Bowie, Maryland, the address Nix El
had provided on the Complaint, civil cover sheet and in multiple documents attached to his
Complaint. ECF No. 1 at 1, 7; ECF No. 1-1 at 1, 7, 9, 14 and 16. The Court’s letter was returned
“unclaimed.” ECF No. 17.

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On August 22, 2017, the Government filed a status report regarding Nix El’s failure to
respond to the Renewed Motion to Dismiss. ECF No. 18. On August 28, 2017, the Court issued
an Order to Show Cause, directing that Nix El show good cause in writing within thirty days
(30), i.e. by September 18, 2017, why his lawsuit should not be dismissed without prejudice.
ECF No. 19. The Court mailed a copy of the Order to Nix El at 5300 Roberts Prospect Drive,
Bowie, Maryland, the only address the Court had on file for him. On September 11, 2017, the
copy was returned as “not deliverable.” ECF No. 20.
Counsel for the Government represents that they have received no communications from
Nix El and no response regarding the Renewed Motion to Dismiss. Nix El’s last action in this
case took place over a year ago, when he responded on August 1, 2016 to the United States’
initial Motion to Dismiss. ECF No. 8. The Local Rules of this Court provide:
If no document has been filed in court in any action for more than nine (9) months, the
Court may enter an order asking the parties to show cause why the case should not be
dismissed. If good cause is not shown within . . . such other time as may be set by the
Court, the case shall be dismissed without prejudice.
Local Rule 103.8(b).
Given that Nix El has not participated in this case in over a year and has failed to show
good cause within thirty (30) days of the entry of the show cause order, as provided by the Court
in ECF No. 19, his claims are DISMISSED WITHOUT PREJUDICE and the Clerk of the
Court is directed to CLOSE this case.
A separate order shall issue.

/s/
PETER J. MESSITTE
UNITED STATES DISTRICT JUDGE
October 17, 2017

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