Davis v. United States

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<!Court of eberal <!Claims jf

No. 15-598C FILED

(Filed: July 21, 2015)

JUL 2 1 2015

)

CHELSEA L. DAVIS, ) U.S. COURT OF

FEDERAL CLAlMS

)

Plaintiff, )

) Pro Se; Rule 41(b); Involuntary Dismissal v. )

)

THE UNITED STATES, )

)

Defendant. )

______________ )

Chelsea L. Davis, Dallas, Texas, Plaintiff pro se.

Michael D. Austin, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C., for Defendant.

DISMISSAL ORDER

Pro se plaintiff, Chelsea L. Davis, brought this action asserting state and common law claims for conversion and unjust enrichment and seeking unspecified monetary damages, in connection with a challenge to the suspension of her law license in the State of Texas. For the reasons set forth below, the Court DISMISSES plaintiff's complaint for failure to comply with a Court Order.

On June 16, 2015, plaintiff1 filed this action, asserting state law claims for conversion and unjust enrichment against the United States. Compl. at 3. Plaintiff also requests that this Court act "sua sponte to expunge and void all matters, actions, and proceedings alleged to have been brought against me, under the State Bar Act, Texas rules of disciplinary procedure, Internal Procedural Rules of the Board of Disciplinary appeals or other rule ... " Compl. at 8. In addition, plaintiff appears to seek to transfer a criminal matter to this Court and to challenge the constitutionality of the Judiciary Act. Compl. at 4, 6-7.

When plaintiff filed her complaint, she failed to comply with several of the Rules of this Court regarding the filing of pleadings. Specifically, plaintiffs complaint has not been properly captioned or signed, and the compliant was not accompanied by either the required filing fee or an application to proceed without prepayment of fees. Consequently, on June 16, 2015, the Court entered an Order instructing plaintiff to cure these defects by July 15, 2015. See Order, June 16, 2015. The Court's Order also stated that, should plaintiff fail to cure the defects by that date, the Court would dismiss her complaint. Id.

Rule 41 (b) of the Rules of the United States Court of Federal Claims ("RCFC") provides in pertinent part that:

If the plaintiff fails to prosecute or to comply with these rules or a court order, the court may dismiss on its own motion .... Unless the dismissal order states otherwise, a dismissal under this subdivision (b) .. . operates as an adjudication of the merits.

RCFC 41 (b). Plaintiff has not corrected the defects in her complaint, nor has plaintiff submitted the required filing fee or motion to waive the filing fee, as required by the Court's June 16, 2015 Order. Because plaintiff has failed to comply with the Court's Order, the Court dismisses her complaint pursuant to RCFC 41(b).

For the foregoing reasons, the Court DISMISSES plaintiffs complaint.

The Clerk's Office is directed to ENTER final judgment in favor of defendant

DISMISSING the complaint. No costs.

IT IS SO ORDERED.