Marrero-Fuog v. Secretary of Health and Human Services

REISSUED FOR PUBLICATION OR\G\NAL JUL 27 2017 OSM U.S. COURT OF FEDERAL CLAIMS Jfn tbe Wniteb ~tates QCourt of jfeberal QClaims OFFICE OF SPECIAL MASTERS No. 17-0llV Filed: June 27, 2017 FILED JUN 2 7 20\7 ************************* * OSM U.S. COURT OF EDITH MARRERO-FUOG, * FEDERAL CLAIMS * Petitioner, * Failure to Prosecute; v. * Failure to Follow Court * Orders; Dismissal SECRETARY OF HEALTH * AND HUMAN SERVICES, * * Respondent. * * ************ * * * * * * * ** * * * * DECISION DISMISSING PETITION On January 5, 2017, I filed an Initial Order requiring Edith Marrero-Fuog (the Petitioner) to file the medical records that are relevant to this case, or a status report, by February 2 I, 2017. However, Petitioner neither filed the medical records, nor filed a request for additional time to do so. On March 3, 2017, I filed an Order directing Petitioner to file her overdue status report immediately. Petitioner did not respond to that Order. On April 17, 2017, I filed another Order directing Petitioner to file her overdue status report immediately. Petitioner has not responded. Since filing her Petition on January 4, 2017, Petitioner has not filed any medical records, or any other document to support her claim. On May 17, 2017, I filed a "Final Warning" indicating that this petition would be dismissed if Petitioner failed to respond. Again, Petitioner has not responded. Petitioner has not prosecuted this case or responded to court orders, nor has she offered any explanation for her failure to do so. It is Petitioner's duty to prosecute her case, and to follow court orders. Tsekouras v. Secy, HHS, 26 Cl. Ct. 439 (1992), aff'd per curiam, 991F.2d810 (Fed. Cir. 1993); Sapharas v. Sec'y, HHS, 35 Fed. Cl. 503 ( 1996); Vaccine Rule 21 (b). Accordingly, this case is dismissed for failure to prosecute and failure to follow court orders. The clerk shall enter judgment accordingly. ,#7~ IT IS SO ORDERED. George L. Hasifi1is:Jf> Special Master