May 12, 1986

APPEAL OF

LEONARD V. WEST

UNDER CONTRACT NO. HCR 99666

PSBCA No. 1443

APPEARANCE FOR APPELLANT:

Leonard V. West

APPEARANCE FOR RESPONDENT:

Elena V. Alejandre, Esq.

OPINION OF THE BOARD ON MOTION TO DISMISS

This timely appeal is from a final decision terminating for default highway transportation contract no. HCR 99666 between the United States Postal Service and Leonard V. West (Appellant), and assessing reprocurement costs of $12,175.90. The contract, which was terminated effective May 30, 1985, required mail delivery to several locations in and around Homer, Alaska.

Respondent has filed a Motion to Dismiss the appeal with prejudice for failure of Appellant to communicate with the Board regarding his intentions in pursuing the appeal. Although Appellant was given an opportunity to file a reply to the motion, no response to the motion has been filed.

Except for a handwritten appeal sent to the Contracting Officer on approximately September 13, 1985, which was duly forwarded and docketed with the Board on September 23, 1985, Appellant has not filed anything further in this appeal. Neither has Appellant personally communicated with the Board, although his wife, Mrs. Karen West, telephoned the Board on March 14, 1986, after receiving the board’s Order to Show Cause. At that time Mrs. West, who represented that she was in frequent communication with Appellant, was advised that the appeal was in jeopardy of being dismissed for failure of the Appellant to prosecute and to provide the Board with a current address.

The record in this appeal amply demonstrates that Appellant has disregarded the board’s directives, failed to notify the Board of his whereabouts, and made no meaningful effort to prosecute his appeal.

The board’s rules, 39 C.F.R. §provide that in such instances the appeal may be dismissed for failure to prosecute after the offending party is given an opportunity to show cause why the appeal should not be dismissed; Appellant has not shown that the appeal should not be dismissed for failure to prosecute.

Respondent’s Motion to Dismiss is granted, and the appeal is dismissed with prejudice for failure to prosecute.

James E. Lemert

Administrative Judge

Board Member

I concur:

James A. Cohen

Administrative Judge

Chairman

I concur:

Joan B. Thompson

Administrative Judge

Board Member