Montgomery v. FBI

Filing 7

MEMORANDUM OPINION by Judge Charles R. Simpson, III on 7/9/2009; the court will dismiss this case by separate plaintiff pro se (TLB)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE ROBERT L. MONTGOMERY v. SEVEN COUNTIES SERVICES AND ROBERT L. MONTGOMERY v. COMMONWEALTH OF KENTUCKY AND ROBERT L. MONTGOMERY v. FBI MEMORANDUM OPINION Robert L. Montgomery is the plaintiff in the above-listed pending civil actions. In Montgomery v. Seven Counties Services, No. 3:09-CV-302-S, Montgomery gave his address as 411 Southern Parkway, Louisville, Kentucky, 40214. However, a notice from the Clerk's office in that case sent to that address was recently returned as undeliverable. In Montgomery v. FBI, No. 3:08-CV-438-S, and Montgomery v. Commonwealth, No. 3:09-CV-291-S, Montgomery gave his address as "City at Large, Louisville, KY 40202." An Order sent to Montgomery in Montgomery v. FBI was returned as undeliverable. Upon filing the instant action, Plaintiff assumed the responsibility of keeping this Court advised of his current address and to actively litigate his claims. See LR 5.2(d) ("All pro se PLAINTIFF 3:08-CV-438-S DEFENDANT PLAINTIFF 3:09-CV-291-S DEFENDANT PLAINTIFF 3:09-CV-302-S DEFENDANT 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."). Given that Plaintiff has not advised the Court of a change of address or has no mailing address, neither notices from this Court nor filings by Defendants in these actions can be served on Plaintiff. In such situations, 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). The Court will dismiss these cases by separate Order. Date: July 9, 2009 cc: Plaintiff, pro se

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