Suber v. United States

OR GINAL 3Jn tbe Wniteb ~tates Court of jfeberal <!Claims No. 18-788C & 18-789C CONSOLIDATED (Filed: September 14, 2018) ) ISAIAH MALIK SUBER, ) ) Pro Se Plaintiff, ) ) FILED V. ) SEP 1 4 2018 ) U.S. COURT OF THE UNITED STA TES, ) FEDERAL CLAIMS ) Defendant. ) _ _ _ __ __ _ _ ) ORDER On August 8, 2018, the court issued an order (Docket No. 7) which granted the defendant's motion to consolidate two of the prose plaintiffs complaints. In that same order, the comt gave notice that Mr. Suber had until August 27, 2018 to respond to the defendant's motion to dismiss (Docket No. 6). On September 4, 2018, the court issued a second order (Docket No. 8) giving notice that Mr. Suber had until September 10, 2018, to respond to defendant's motion to dismiss at that failure to do so, would result in the dismissal of the consolidated cases for failure to prosecute. 1 A review of court records indicates that as of this date, Mr. Suber has yet to respond to defendant's motion to dismiss the above-captioned consolidated cases. Accordingly, because Mr. Suber has failed to timely comply with the comts orders, the above-captioned consolidated cases are hereby DISMISSED pursuant to Rule 41 (b) of the Rules of the United States Court of Federal Claims for failure to prosecute. IT IS SO ORDERED. 1 A courtesy copy of the comi's August 8, 2018 and September 4, 20 18 orders, referenced above, are attached. 7018 •• 4• ••• 1 1393 2959 Case 1:18-cv-00788-N'l A?i~,,~8, eed 09/04/18 Page 1 of 2 Ut\l'JI ;1." -~ 3Jn tbc Wnitcb ~tatcs Qtourt of jfcbcral Qf.:laitns FILED No. 18-788C SEP - 4 20!8 (Filed: September 4, 2018) LJ.S. COURT OF FEDERAL CLAIMS ) ISAIAH MALIK SUBER, ) ) Pro Se Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________ ) ORDER On August 8, 2018, the court issued an order (Docket No. 7) granting defendant's motion to consolidate the two complaints prose plaintiff, Mr. Suber filed on the same day and covered the same general facts. In addition, the court gave notice to Mr. Suber that he had until August 27, 2018 to respond to defendant's motion (Docket No. 6) to dismiss his cases pursuant to Rule 12(b)(J) of the Rules of the Court of Federal Claims for lack of jurisdiction. A review of court records indicates that Mr. Suber has yet to respond to defendant's motion to dismiss both of this complaints. Mr. Suber shall have until September 10, 2018, to respond to defendant's motion or the court will dismiss his cases for failure to prosecute. IT IS SO ORDERED. Senior Judge Case 1:18-cv-00788-NBF Document 8 Filed 09/04/18 Page 2 of 2 case 1:18-cv-00788-NBF Document 7 Filed 08/08/18 Page 1 of 3 " i fl L :a1 it. 'ii FILED JJn t{Jc Winitcb ~tatc.s <!Court of j'eberal <!laint.s AUb - 8 20\8 No. 18-788C US. COURT OF (Filed: August 8, 2018) 1·Ei.1UlAL CLAIMS ) ISAIAH MALIK SUBER, ) ) Pro Se Plaintit1; ) ) V. ) ) THE UNITED STA TES, ) ) Defendant. ) ______________ ) ORDER The court is in receipt of defendant's motion (Docket No. 6), filed July 27, 20 I 8, to consolidate prose plaintiffs two complaints 1, which Mr. Suber filed on the same day and cover the same general facts. In addition, defendant requests that plaintiffs two cases be dismissed pursuant to RCFC 12(b)(l) for lack of jurisdiction. The court ORDERS as follows: I. Defendant's motion to consolidate Mr. Suber's two complaints is GRANTED. Accordingly, Case No. 18-788C and Case No. 18-789C are hereby CONSOLIDATED. All future filings will be filed in the lead case, Cast: No. 18-788C. 2. Mr. Suber shall have until August 27, 2018 to respond to defendant's motion to dismiss both of his complaints. IT IS SO ORDERED, B. FIRESTONE Judge 1 On June l, 2018,pro se plaintiff; Isaiah Malik Suber filed two complaints. The Clerk of the Court opened two cases: Case No. 18-788C and Case No. 18-789C. The first case, Case No, I 8- 788C, was assigned the Sr. Judge Nancy B. Firestone. The second case, Case No. 18-789C, originally assigned to Judge Mary Ellen Coster Williams, was transferred and reassigned to Sr. Judge Nancy B. Firestone on August I, 2018,