Bush v. Secretary of Health and Human Services

REISSUED FOR PUBLICATION

23 FEB 2017 OSM

U.S. COURT OF FEDERAL CLAIMS 3Jn tbe mntteb $)tates QCourt of jfeberal QCiaims

OFFICE OF SPECIAL MASTERS

No. l 5-476V FILED

Filed: January 27, 20 17

JAN 27 2017 ************* * U.S. COURT OF ROY BUSH, * FEDERAL CLAIMS

*

Petitioner, * Dismissal; Fai lure to Prosecute;

* Failure to Follow Court Orders. v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

* * * * * * * * * * * * * * Roy Bush, prose, Pound, VA .

Linda Renzi, United States Department ofJustice, Washington, DC, for respondent.

DECISION DISMISSING PETJTION 1

Roth , Special Master:

On May 11 , 20 15, petitioner filed a petition for compensation in the National Vaccine Injury Compensation Program, 2 alleging that he was injured by a vaccine listed on the Vaccine Injury Table. See generally, Petition, ECF No. 1. At that time, petitioner was represented by counsel. Counsel subsequently filed a motion to be relieved , which was granted on August 2, 2016. See Motion to Withdraw as Attorney, filed April 4, 20 16, ECF No. 25 ; Order, issued August 2, 20 16, ECF No. 29.

On September 28, 2016, the undersigned held a status conference with Mr. Bush and respondent's counsel; at this time, petitioner advised the Court that he was in the process of looking for alternative counsel. Following that status conference, the undersigned issued an order requiring petitioner, Mr. Roy Bush, to file a Status Report by no later than November 14, 2016, updating the Court on his progress in retaining a new attorney. Scheduling Order, issued September 29, 2016, ECF No. 31.

On November 21, 2016, chambers staff attempted to contact Mr. Bush via telephone, leaving a voicemail requesting that he submit the required Status Report as soon as possible. Mr. Bush did not respond to this communication. On November 28, 2016, chambers staff again attempted to contact Mr. Bush via telephone, but were unable to reach him.

On November 30, 2016, the undersigned issued an Order to Show Cause, requiring petitioner to file a status report or otherwise show cause for why his case should not be dismissed for failure to prosecute, by no later than Tuesday, January 17, 2017. Petitioner was advised that failure to respond to court orders would result in the dismissal of his claim. Petitioner did not file a status report, nor did he contact the Court in any way to indicate that he still intended to prosecute his case. Petitioner never contacted chambers or otherwise responded.

It is petitioner' s duty to prosecute his case, and to fo llow court orders. Tsekouras v. Sec'y, HHS, 26 Cl. Ct. 439 (1992), aff'dper curiam, 991F.2d810 (Fed. Cir. 1993); Sapharas v. Sec'y, HHS, 35 Fed. Cl. 503 (1996); Vaccine Rule 2l(b). Accordingly, this case is dismissed for failure to prosecute and failure to follow courts orders. The clerk shall enter judgment accordingly.

IT IS SO ORDERED.