Montgomery v. Routt et al

Filing 31

MEMORANDUM AND OPINION by Judge John G. Heyburn, II on 5/25/12; Because it appears to this Court that Plaintiff has abandoned any interest in prosecutionof this case, the Court will dismiss the case by separate Order.cc:counsel, Plaintiff-pro se (DAK)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:11CV-P303-H
CHRISTOPHER D. MONTGOMERY

PLAINTIFF

v.
SGT. RICKY ROUTT et al.

DEFENDANTS
MEMORANDUM OPINION

Plaintiff Christopher D. Montgomery initiated this pro se civil action under 42 U.S.C.
§ 1983. Defendant Danny Allen filed a motion for summary judgment on February 8, 2012
(DN 28). Plaintiff did not file a response. On April 12, 2012, the Court entered an Order
directing Plaintiff to file a response. On April 24, 2012, that mailing was returned by the United
States Postal Service marked “Return to Sender, Attempted – Not Known, Unable to Forward.”
Plaintiff has not advised the Court of a change of address.
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
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.”). Because Plaintiff
has not advised the Court of a change of address, neither notices from this Court nor filings by
Defendants in this action 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).

Because it appears to this Court that Plaintiff has abandoned any interest in prosecution
of this case, the Court will dismiss the case by separate Order.
Date:

May 25, 2012

cc:

Plaintiff, pro se
Counsel or Record

4412.010

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