REDBOY v. U.S.

No. 17-19L.

JUDY RAE REDBOY, Plaintiff, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

Editors Note
Applicable Law: 28 U.S.C. § 1491
Cause: 28 U.S.C. § 1491 Tucker Act
Nature of Suit: 512 Taking - Realty
Source: PACER


Attorney(s) appearing for the Case

JUDY RAE REDBOY, Plaintiff, Pro Se.

USA, Defendant, represented by Paul Davis Oliver , United States Department of Justice - Civil Division.


ORDER

ELAINE D. KAPLAN, Judge.

On March 6, 2017, the government filed a motion to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the Court of Federal Claims (RCFC). Docket No. 5. Ms. Redboy's response to the motion was due by April 6, 2017. See RCFC 6(a)(1), 6(d), & 7.2(b). By April 17, 2017, however, Ms. Redboy had not responded to the government's motion and the Court issued an order to show cause as to why Ms. Redboy's complaint should not be dismissed pursuant to RCFC 41(b) for failure to comply with the Rules of this Court or to prosecute this case. Order, Docket No. 7. Ms. Redboy's response was due by May 15, 2017. Id. Ms. Redboy did not respond to the Court's order, but instead attempted to file a motion seeking permission for an immediate family member to represent her in this action. See Order, Docket No. 8. On May 23, 2017, the Court directed that the motion be returned unfiled, but extended the time for Ms. Redboy to respond to the Court's order to show cause to June 5, 2017. See id. Nevertheless, Ms. Redboy has still not responded to either the government's motion or the Court's order to show cause. Therefore, pursuant to RCFC 41(b), the Court hereby DISMISSES Ms. Redboy's complaint without prejudice. The Clerk is directed to enter judgment accordingly. Each party shall bear its own costs.

IT IS SO ORDERED.


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