DISMISSED FOR FAILURE TO PROSECUTE: May 28, 2009
CBCA 1446
RIGOBERTO CHAVEZ,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Rigoberto Chavez, pro se, San Gabriel, CA.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
Melissa J. McWilliams and Jerry Ann Foster, Office of Regional Counsel, General Services Administration, Fort Worth, TX, counsel for Respondent.
Before Board Judges BORWICK, GOODMAN, and McCANN.
McCANN, Board Judge.
Mr. Chavez was the successful bidder on a number of vehicles owned by the General Services Administration. He submitted a claim to the contracting officer alleging that all the vehicles were misdescribed. The contracting officer agreed, and refunded to Mr. Chavez the entire $6293 that he paid for the vehicles. Mr. Chavez appealed the decision. In his notice of appeal Mr. Chavez indicated, “What I merely want is that the GSA Greater Southwest Region respect the contracts and actually provide what is specified in them.” Mr. Chavez has not responded to the motion to dismiss filed by respondent on January 9, 2009. The Board has been unable to reach Mr. Chavez by telephone. The phone number that had been provided to the Board is no longer in service. By order dated __________________________________
_________________________________ ___________________________________
2 CBCA 1446
February 20, 2009, Mr. Chavez was directed to show cause by March 13, 2009, why this case should not be dismissed for failure to prosecute. He failed to do so and has not contacted the Board since that date.
Since the Board is unable to contact Mr. Chavez, and since Mr. Chavez has failed to respond to the Board’s order to show cause why this case should not be dismissed, this case is hereby DISMISSED FOR FAILURE TO PROSECUTE.
R. ANTHONY McCANN
Board Judge
We concur:
ANTHONY S. BORWICK
Board Judge
ALLAN H. GOODMAN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Rigoberto Chavez, CBCA 1446. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.