DATE: AUG 28 1997

CASE NO.: 97-ERA-00039

In the Matter of

ASAF DURAKOVIC, M.D.
   Complainant

    V.

DEPARTMENT OF VETERANS AFFAIRS
    Respondent

   This case arises under the Energy Reorganization Act of 1 974, as amended, 42 U.S.C. §5801, et seq. A formal hearing on Complainant's complaint against Respondent was scheduled before the undersigned on July 16, 1997. Neither Complainant nor a representative of Complainant appeared at the hearing.

   On July 1 7, 1 997 Respondent filed a "Motion to Dismiss Appeal With Prejudice for Failure to Prosecute." The motion is based on the fact that "Complainant failed to attend [the hearing] without good cause.... and [failed to] prosecute his complaint under the Energy Reorganization Act." Respondent therefore requests that the case be dismissed with prejudice. Complainant has not filed any response to the motion to dismiss.

   Based on the foregoing, I find that Respondent's motion should be granted.

   Accordingly, this case is dismissed with prejudice.

          ROBERT D. KAPLAN
          Administrative Law Judge

NOTICE: This Recommended Order and the administrative file in the matter will be forwarded for review by the Secretary of Labor to the Administrative Review Board, U.S. Department of Labor, Room S-4309, Frances Perkins Building, 200 Constitution Avenue, N,.W.,Washington, DC 20210. The Administrative Review Board has the responsibility to advise and assist the Secretary in the preparation and issuance of final decisions in employee protection cases adjudicated under the regulations at 29 C.F.R. Parts 24 and 1978. See 55 Fed. Reg. 13250 (1990).