- 12 - communication from his former attorney, respondent, and this Court. The resolution of this case had been delayed because petitioner failed to cooperate with respondent in preparing the case for trial and appeared at the initial calendar call unprepared for trial. Petitioner’s actions in this proceeding have prejudiced respondent in that respondent has been required to devote hours of time trying to prepare this case for trial. Although petitioner initially and currently appears before this Court in a pro se capacity, we see no reason to afford him any special protection as a pro se petitioner. The Court of Appeals for the Fourth Circuit has noted that while “trial courts are encouraged to liberally treat procedural errors made by pro se litigants, especially when a technical or arcane procedural rule is involved, such tolerance does not extend to a litigant’s failure to appear in court without explanation or without contacting the court beforehand.” Id. The Rules and orders of this Court that petitioner repeatedly violated were not technical or arcane. Furthermore, petitioner was put on notice that his failure to appear may result in dismissal of his case. Petitioner’s conduct leaves no alternative other than dismissal for failure to properly prosecute. No lesser sanction exists that would remedy petitioner’s failure to appear or prosecute his case. Pursuant to the foregoing, all matters for which petitioner bears the burden of proof are dismissed forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011