DISMISSED FOR FAILURE TO PROSECUTE: October 4, 2012
CBCA 2810
CECELIA SUTTON,
Appellant,
v.
GENERAL SERVICES ADMINISTRATION,
Respondent.
Cecelia Sutton, pro se, Cleveland, OH.
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.
Scott F. McCleary, Office of Regional Counsel, General Services Administration, Chicago, IL, counsel for Respondent.
Before Board Judges SOMERS, BORWICK, and McCANN.
BORWICK, Board Judge.
For the reasons below, we dismiss this case for failure to prosecute. On June 27, 2012, after a conference with the parties, we established August 24, 2012, and September 25, 2012, as the dates for record submissions and reply record submissions, respectively. August 24, 2012, came and went, without appellant submitting a record submission. On August 29, 2012, we issued an order requesting appellant to state whether she would: (1) not supply a record submission of her own, but respond to respondent’s record submission; (2) rest on the present record; or (3) abandon the appeal. We asked appellant to respond by September 12, 2012, and warned appellant that failure to respond would result in our consideration of a dismissal for lack of prosecution. Appellant did not respond. On September 14, 2012, we issued an order to show cause why the appeal should not be dismissed for failure to prosecute, and ordered appellant’s reply by September 27, 2012. _____________________________
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2 CBCA 2810
Again, appellant did not respond to that order.
In summary, we issued an initial scheduling order, with which appellant did not comply. We have also issued one order asking appellant whether she would proceed with the litigation, warning her of the severe consequences of failing to respond to that order, and we have given her an opportunity, through our order to show cause, to avoid the consequence of a dismissal for failure to prosecute. Appellant has ignored those orders. It is abundantly clear that appellant has abandoned the appeal.
Decision
This matter is DISMISSED FOR FAILURE TO PROSECUTE. ANTHONY S. BORWICK
Board Judge
We concur:
JERI K. SOMERS
Board Judge
R. ANTHONY McCANN
Board Judge
This is a verbatim capture of the text layer of the Board's own document in Cecelia Sutton, CBCA 2810. 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.