Filed: Jan. 27, 2020
Latest Update: Jan. 27, 2020
Summary: ORDER NANCY B. FIRESTONE , Senior Judge . On January 9, 2020, the court issued an order (Docket No. 7, attached) directing Mr. Downey to file a response to the defendant's motion to dismiss by January 17, 2020 in order to proceed with his case, and that failure to respond could result in the dismissal of his case for failure to prosecute under Rule 41(b) of the Rules of the United States Court of Federal Claims ("RCFC"). A review of court records indicates that Mr. Downey has not responded
Summary: ORDER NANCY B. FIRESTONE , Senior Judge . On January 9, 2020, the court issued an order (Docket No. 7, attached) directing Mr. Downey to file a response to the defendant's motion to dismiss by January 17, 2020 in order to proceed with his case, and that failure to respond could result in the dismissal of his case for failure to prosecute under Rule 41(b) of the Rules of the United States Court of Federal Claims ("RCFC"). A review of court records indicates that Mr. Downey has not responded t..
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ORDER
NANCY B. FIRESTONE, Senior Judge.
On January 9, 2020, the court issued an order (Docket No. 7, attached) directing Mr. Downey to file a response to the defendant's motion to dismiss by January 17, 2020 in order to proceed with his case, and that failure to respond could result in the dismissal of his case for failure to prosecute under Rule 41(b) of the Rules of the United States Court of Federal Claims ("RCFC"). A review of court records indicates that Mr. Downey has not responded to the defendant's motion to dismiss. The above-captioned case is therefore DISMISSED without prejudice under RCFC 41(b) for failure to prosecute. The Clerk of the Court is DIRECTED to enter judgment accordingly.
IT IS SO ORDERED.
In the United States Court of Federal Claims
No. 19-1464C
(Filed: January 9, 2020)
MARK DOWNEY,
Pro Se; Order Directing Response;
Pro Se Plaintiff, RCFC 7.2(b)
v.
THE UNITED STATES,
Defendant.
ORDER
On September 23, 2019, pro se plaintiff, Mark Downey, filed a complaint in this court alleging that the United States ("the government") "plagiarized" his proposal for a universal identification card when it implemented the Real ID.1 Mr. Downey also alleges that the government improperly ignored or destroyed his "whistleblower complaints," and violated the Eighth Amendment to the United States Constitution, the Americans with Disabilities Act ("ADA"), the Dodd-Frank Act, as well as various civil rights provisions. On November 14, 2019, the government filed a motion to dismiss Mr. Downey's complaint for lack of subject matter jurisdiction under Rule 12(b)(1) of the Rules of the United States Court of Federal Claims ("RCFC").
Under RCFC 7.2(b)(1), a response to a motion to dismiss under RCFC 12(b) must be filed within 28 days after service of the motion. An additional three days are added after the period would otherwise expire if service is made by mail. RCFC 6(d). A review of court records indicates that Mr. Downey has not filed a response to the government's motion to dismiss. Accordingly, the court ORDERS Mr. Downey to respond to the defendant's motion to dismiss by Friday, January 17, 2020. Failure to respond may result in dismissal for lack of prosecution. RCFC 41(b).
IT IS SO ORDERED.
________
NANCY B. FIRESTONE
Senior Judge
