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
Marrero-Fuog v. Secretary of Health and Human Services
Combined Opinion