Rotunda v. Commonwealth of Kentucky

Filing 6

MEMORANDUM OPINION by Judge Greg N. Stivers. Because it appears to this Court that Petitioner has abandoned any interest in prosecuting this case, the Court will dismiss the action by separate Order. cc: Petitioner, pro se (JLS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT BOWLING GREEN
ROBERT ROTUNDA

PETITIONER

v.

CIVIL ACTION NO. 1:15CV-P65-GNS

COMMONWEALTH OF KENTUCKY

RESPONDENT

MEMORANDUM OPINION
Upon filing the instant action, Petitioner Robert Rotunda, pro se, assumed the
responsibility to keep this Court advised of his current address and to actively litigate his claims.
See Local Rule 5.2(d) (“All pro se litigants must provide written notice of a change of address to
the Clerk and to the opposing party or the opposing party’s counsel. Failure to notify the Clerk
of an address change may result in the dismissal of the litigant’s case or other appropriate
sanctions.”). Review of the record reveals that the May 19, 2015, Notice of Deficiency sent to
Petitioner at the Crittenden County Jail, his address of record, was returned to the Court by the
U.S. Postal Service on June 1, 2015 (DN 5). The envelope was marked “Return to Sender, Not
Deliverable As Addressed, Unable to Forward,” and a handwritten notation indicated “No longer
here.” Because Petitioner has not provided any notice of an address change to the Court, neither
notices from this Court nor filings by Respondent can be served on him.
Rule 41(b) of the Federal Rules of Civil Procedure authorizes the involuntary dismissal
of an action for failure to prosecute or to comply with an order of the court. See Jourdan v. Jabe,
951 F.2d 108, 109 (6th Cir. 1991) (“Fed. R. Civ. P. 41(b) recognizes the power of the district
court to enter a sua sponte order of dismissal.”). “Further, the United States Supreme Court has
recognized that courts have an inherent power to manage their own affairs and may dismiss a

case sua sponte for lack of prosecution.” Lyons-Bey v. Pennell, 93 F. App’x 732, 733 (6th Cir.
2004) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)).
Because it appears to this Court that Petitioner has abandoned any interest in prosecuting
this case, the Court will dismiss the action by separate Order.
Date:

August 7, 2015

Greg N. Stivers, Judge
United States District Court
cc:
Petitioner, pro se
4416.005

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