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Laurie Lynne Duncan v. United States

August 4, 2011

LAURIE LYNNE DUNCAN, PLAINTIFF-APPELLANT,
v.
UNITED STATES, DEFENDANT-APPELLEE.



Appeal from the United States Court of Federal Claims in case no. 10-CV-697, Judge George W. Miller.

Per curiam.

NOTE: This disposition is nonprecedential.

Before RADER, Chief Judge, PROST, and O'MALLEY, Circuit Judges.

Laurie Lynne Duncan, pro se, appeals the dismissal of her action by the Court of Federal Claims for failure to comply with a court order, court rules, and applicable pleading requirements. Because we find that the Court of Federal Claims did not abuse its discretion in dismissing this action, we affirm.

BACKGROUND

On October 14, 2010, Duncan filed ten documents in the Court of Federal Claims that were labeled as a "complaint" on the court's docket, consisting of the following:

1. A February 17, 2005 letter from the Federal Bureau of Investigation ("FBI") to Duncan indicating in the first paragraph that her name was referred to the FBI because she was a possible victim of a federal crime. The second paragraph of the letter detailed eight rights that crime victims possess pursuant to 18 U.S.C. § 3771, including the rights to be notified about and to be present at proceedings involving the accused. In the letter Duncan filed, the first paragraph was circled, and the second paragraph was circled and starred;

2. A February 24, 2005 letter from the United States Attorney's Office for the Northern District of Alabama to Duncan notifying her that charges have been filed against Doris J. Blue and informing Duncan of the date of a sentencing hearing and her right to attend the proceeding;

3. Duncan's Earnings and Leave Statement from the Department of Veterans Affairs;

4. A final order from the Alabama Crime Victims' Compensation Commission ("ACVCC"), dated July 15, 2010, denying Duncan's claim for crime victims' compensation benefits. The order indicates that Duncan claimed that she was a victim of perjury due to a February 2003 affidavit filed in connection with a civil class action lawsuit, in which Duncan was a plaintiff, against the Veterans Affairs Hospital, her employer;

5. A money order payable to the "Law Office of Jimmy A. Bell, PC";

6. A February 2003 affidavit signed by Doris J. Blue in a civil action in the United States District Court for the Northern District of Alabama captioned Hampton v. Department of Veterans Affairs, Case No. 2:01-cv-1536; and 7-10. Various letters from the ACVCC to Duncan from June to September 2009 regarding her claim for crime victims' compensation benefits.

None of these documents contain any assertions or allegations written by Duncan, and none of the documents bear Duncan's signature.

On December 14, 2010, the Court of Federal Claims entered an order requiring Duncan to file an amended complaint that complies with Rule 11(a) of the Rules of the United States Court of Federal Claims*fn1 ("RCFC") and other court rules by January 7, 2011. The order warned that, if the plaintiff fails to do so, the Court "may strike the complaint and dismiss the case." Appellee's Appendix ("AA") 6; see also AA 5 (docket entry containing the same warning). Duncan did not take any action in response to the court's order. On January 21, 2011, two weeks beyond the stated deadline, ...


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