Elawyers Elawyers
Ohio| Change

CEARLEY v. U.S., 14-381T. (2015)

Court: United States Court of Federal Claims Number: infdco20150113d26 Visitors: 8
Filed: Jan. 12, 2015
Latest Update: Jan. 12, 2015
Summary: DISMISSAL FOR FAILURE TO PROSECUTE THOMAS C. WHEELER, Judge. The Court, by its own motion, raises the dismissal of Plaintiffs complaint for failure to prosecute under Rule 41(b). On September 5, 2014, the Government filed a Motion to Dismiss Plaintiffs Complaint, Dkt. No. 14. Plaintiff failed to respond to the Government's motion by the Court's October 6,2014 deadline. Thus, on December 4, 2014, the Court issued an order directing Plaintiff to respond to the Government's motion to dismiss by J
More

DISMISSAL FOR FAILURE TO PROSECUTE

THOMAS C. WHEELER, Judge.

The Court, by its own motion, raises the dismissal of Plaintiffs complaint for failure to prosecute under Rule 41(b). On September 5, 2014, the Government filed a Motion to Dismiss Plaintiffs Complaint, Dkt. No. 14. Plaintiff failed to respond to the Government's motion by the Court's October 6,2014 deadline. Thus, on December 4, 2014, the Court issued an order directing Plaintiff to respond to the Government's motion to dismiss by January 5, 2015, Dkt. No. 15. Yet, Plaintiff continues to remain unresponsive to the Court's orders.

Rule 41(b) provides that "[i]f the plaintiff lails to prosecute or comply with rhese 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." Rule 41(b) is a necessary tool to ensure efficient docket management and prevent undue delays in litigation. Link v, Wabash R.R. Co., 370 U.S. 626,629-30 (1962). "While dismissal of a claim is a harsh action, especially Io a pro se litigant, it is justified when a party fails to pursue litigation diligently and disregards the court's rules and show cause order." Whiting v. United States, 99 Fed. Cl. 13, 17 (2011) (citing Kadin Com. v. United States, 782 F.2d 175, 176-77 (Fed. Cir. 1986)). Here, Plaintiff failed to respond to the Govemment's motion to dismiss and to the court's show cause order. Dismissal is therefore not only appropriate, but required to maintain efficient usage of the Court's resources.

The Court is mindful of Plaintiffs pro se status and has carefully considered the possibility that Plaintiff may not be familiar with the Court's rules and procedures. Although pro se litigants are generally afforded some leniency in procedural matters, this less stringent standard does not permit a parly to disregard the timetables set by court rules or the show cause order issued by the Court. See Carpenter v. United States, 38 Fed. Cl. 576, 578 (1997) (noting that the less stringent standard "does not allow a plaintiff to wholly disregard the timetable set by the court's rules, messages left by the court, or a show cause order"); see also Brown v. United States, 22 Cl. Ct. 221, 213 (1990) ("[t]he court is sensitive to the special hardships of pro se plaintiffs, however, "latitude" does not equal "free rein" and there comes a point where the court must say enough is enough"). The Court's December 4,2014 show cause order explicitly wamed Plaintiff that failure to respond to the order would result in the case being dismissed. Despite being given every opportunity to proceed with his case, Plaintiff has failed to take the required steps necessary for f'urther adjudication of his case in this Court.

Accordingly, this case is DISMISSED, with prejudice, for failure to prosecute in accordance with Rule 41(b).

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer