DATE:  FEBRUARY 5, 1996
CASE NO.:  96-TSC-00003

           

IN THE MATTER OF:

CONRAD R. WINKLER, JR.
          Complainant

     v.

TERREBONNE GENERAL MEDICAL CENTER
          Respondent


                       ORDER OF DISMISSAL

     An Order to Show Cause was entered January 9, 1996,
requiring Complainant to show cause why this case should not be
dismissed for lack of prosecution.  Complainant's response was
filed January 22, 1996, and Respondent filed a response January
24, 1996.

     In response to the Order to explain his failure to comply
with the Pre-Trial Order, Complainant merely states that he is
still seeking the assistance of counsel.  He has not explained or
even apologized for failing to comply with the Pre-Trial Order,
nor does he state that he will comply with the Orders of this
Court in the future.   

     This case would have been tried December 27, 1995, except
for the Government furlough.  It is highly unlikely that
Complainant could have prevailed if this case had been tried
December 27, 1995.  Complainant has totally ignored the Pre-Trial
Order which was mailed to him October 30, 1995.  If Complainant
were serious about 

[PAGE 2]



this matter, he would have at least inquired about his
obligations and the filings he received from Respondent.  A
review of the file reflects that Complainant has not contacted
the Court concerning compliance with the Pre-Trial Order.[1]   


     It is therefore ORDERED, ADJUDGED and DECREED that
this case is hereby DISMISSED pursuant to Fed. R. Civ. P
41. 


          Entered this 5th day of February, 1996, at Metairie,
Louisiana.


                         JAMES W. KERR, JR.
                         Administrative Law Judge

JWK:mpb

NOTICE:  This Order and the administrative file in
the matter will be forwarded for review by the Secretary of
Labor, Room S-4309, Frances Perkins Building, 200 Constitution
Avenue, N.W., Washington, D.C.  20210.  The Office of the
Administrative Appeals 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).


       




[ENDNOTES]

[1]   If Complainant had contacted the Court telephonically, he
would have been instructed to communicate with the Court in
writing with a copy to Respondent.