Chenault v. Donahoe

Filing 6

MEMORANDUM OPINION by Senior Judge Thomas B. Russell on 9/20/2012 re 3 Order, 5 Order; More than 30 days have passed, and Petitioner has failed to submit the completed forms. Therefore, by separate Order, the Court will dismiss the instant action. cc: Petitioner, pro se (CDF)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT BOWLING GREEN
TERESA A. CHENAULT
v.

PETITIONER
MISCELLANEOUS ACTION NO. 1:12-MC-5-R

PATRICK R. DONAHOE

RESPONDENT
MEMORANDUM OPINION

Petitioner filed a “Motion for appointment of an attorney and for payment of fees, costs
or security.” The Court entered an Order on June 7, 2012, explaining that a civil action is
commenced by filing a complaint and explaining that the cost to do so is $350. The Court
ordered Petitioner within 30 days to either pay the fee or file a completed application to proceed
without prepayment of fees and file a completed complaint form. She was warned that failure to
comply with the Order might result in dismissal of her action. Petitioner filed an application to
proceed without prepayment of fees but did not file a complaint. On July 27, 2012, this Court
ordered Petitioner to complete a Court-approved complaint form within 30 days. Again,
Petitioner was warned that failure to comply might result in dismissal of her case.
More than 30 days have passed, and Petitioner has failed to submit the completed form.
Courts have an inherent power “acting on their own initiative, to clear their calendars of cases
that have remained dormant because of the inaction or dilatoriness of the parties seeking relief.”
Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962). Therefore, by separate Order, the Court will
dismiss the instant action. See FED. R. CIV. P. 41(b) (governing involuntary dismissal).
Date:

September 20, 2012

cc:
Petitioner, pro se
4413.009