Filed: May 02, 2018
Latest Update: May 02, 2018
Summary: DISMISSAL ORDER PATRICIA E. CAMPBELL-SMITH , Judge . Plaintiff, who is incarcerated at the Texas Department of Criminal Justice, French Robertson Unit in Abilene, Texas filed this civil action against the United States of America on February 28, 2018. See ECF Nos. 1, 2. The court issued an order on March 5, 2018, granting plaintiff's motion to proceed in forma pauperis and directing plaintiff to Within thirty (30) days of the date of this order, on or before April 4, 2018 , plaintiff
Summary: DISMISSAL ORDER PATRICIA E. CAMPBELL-SMITH , Judge . Plaintiff, who is incarcerated at the Texas Department of Criminal Justice, French Robertson Unit in Abilene, Texas filed this civil action against the United States of America on February 28, 2018. See ECF Nos. 1, 2. The court issued an order on March 5, 2018, granting plaintiff's motion to proceed in forma pauperis and directing plaintiff to Within thirty (30) days of the date of this order, on or before April 4, 2018 , plaintiff ..
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DISMISSAL ORDER
PATRICIA E. CAMPBELL-SMITH, Judge.
Plaintiff, who is incarcerated at the Texas Department of Criminal Justice, French Robertson Unit in Abilene, Texas filed this civil action against the United States of America on February 28, 2018. See ECF Nos. 1, 2. The court issued an order on March 5, 2018, granting plaintiff's motion to proceed in forma pauperis and directing plaintiff to
Within thirty (30) days of the date of this order, on or before April 4, 2018, plaintiff is ORDERED to FILE the enclosed Prisoner Authorization Form to authorize payment of the full filing fee from the prisoner's prison trust account.[]
If plaintiff fails to comply with this order within thirty (30) days, this action will be dismissed without prejudice for failure to prosecute under Rule 41 of Rules of the United States Court of Federal Claims.
ECF No. 6. (order) (footnote omitted).
Plaintiff s prisoner authorization form was due to have been filed on April 4, 2018, thirty days from the filing of the court's March 5, 2018. On April 3, 2018, defendant filed a motion to dismiss, pursuant to Rules 12(b)(1) and (6) of the Rules of the United States Court of Federal Claims (RCFC). Plaintiff s response to defendant's motion to dismiss is due on May 1, 2018.1 As of the filing of this order, plaintiff has not responded to the court's March 5, 2018 order. Accordingly, pursuant to RCFC 41(b), the Clerk's Office is directed to ENTER final judgment DISMISSING plaintiff's complaint, with prejudice, for failure to prosecute.
IT IS SO ORDERED.
FootNotes
1. The court has reviewed the government's motion in detail and it appears that defendant has demonstrated that plaintiff s complaint should be dismissed for lack of subject matter jurisdiction. Therefore, even if plaintiff filed its prisoner authorization form, on the basis of the authorities cited by defendant, in the absence of any contrary precedent proffered by plaintiff, the court would be obliged to grant defendant's dispositive motion dismissing the subject matter.
