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DISMISSED FOR FAILURE TO PROSECUTE: September 29, 2008
CBCA
992-ISDA
BLACKFEET
NATION,
Appellant,
v.
DEPARTMENT OF THE
INTERIOR,
Respondent.
Earl Old Person, Chairman of
Blackfeet Tribal Business Council, Browning, MT, appearing for Appellant.
Gerald R. Moore, Office of the
Solicitor, Department of the Interior, Billings, MT, counsel for Respondent.
Before Board Judges STEEL, McCANN, and SHERIDAN.
STEEL, Board
Judge.
ORDER
On December 5, 2007, the
Blackfeet Nation (the tribe) appealed to this Board the decision of a
Department of the Interior awarding official to withhold contract support costs
for fiscal year (FY) 2008 because of the failure of the tribe to provide an audit
report for FY 2005.
Since the initial filing,
there has been no communication from the tribe.
The Board has not received the complaint required to be filed thirty
days after receipt of notice of docketing.
The Board contacted appellant=s
counsel of record, who reported that she was no longer working on the
appeal. No new counsel has entered an
appearance. Messages have
CBCA 992-ISDA 2
been left with the tribe by the Board, and by counsel
for the Government, to no effect. On
July 1, 2008, the Government filed a motion to dismiss the appeal because the
case is now moot, contract support costs having been paid. The tribe has not responded to the motion.
On July 31, 2008, the Board
issued an order to show cause on or before August 28, 2008, why this appeal
should not be dismissed. The Board has
not received a response to that order from the tribe. Rule 12(c) of the Board=s Rules of Procedure permits the dismissal of a case
for reasons cited by the Board in a show cause order to which a response has
been permitted.
Therefore, the appeal is DISMISSED
FOR FAILURE TO PROSECUTE.
CANDIDA
S. STEEL
Board Judge
We concur:
R. ANTHONY McCANN PATRICIA
J. SHERIDAN
Board Judge Board Judge