Morris v. Conway

Filing 5

MEMORANDUM AND OPINION by Senior Judge Thomas B. Russell on 12/15/2011: an appropriate order shall entercc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
ROBERT MORRIS

PETITIONER

v.

CIVIL ACTION NO. 3:11CV-P211-R

JACK CONWAY

RESPONDENT
OPINION

Upon filing the instant habeas action, Petitioner Robert Morris, a pro se prisoner,
assumed the responsibility to keep this Court advised of his current address and to litigate his
claims actively. See LR 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.”).
By Opinion and Order entered September 15, 2011, the Court ordered Petitioner to
show cause why his petition should not be dismissed as time-barred. On October 3, 2011, the
copy of the Opinion and Order sent to Petitioner at the Kentucky State Reformatory was
returned to the Court by the United States Postal Service marked “Return to Sender, Not
Deliverable As Addressed, Unable to Forward.”
Apparently, Petitioner is no longer incarcerated at his address of record, and because he
has not provided any forwarding address to the Court, neither notices from this Court nor
filings by Respondent can be served on him. 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).

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:

December 15, 2011

cc:
Petitioner, pro se
4413.005

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