Cummings v. Jefferson County Attorney et al
Filing
7
MEMORANDUM OPINION by Judge Charles R. Simpson, III on 4/20/12; it appears to this Court that Plaintiff has abandoned any interest in prosecuting thiscase, the Court will dismiss the action by separate Order.cc:counsel, Plaintiff, pro se, Jefferson County Attorney (DAK)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
EUGENE A. CUMMINGS, JR.
PLAINTIFF
v.
CIVIL ACTION NO. 3:11CV-P722-S
JEFFERSON COUNTY D.A. et al.
DEFENDANTS
MEMORANDUM OPINION
Plaintiff Eugene A. Cummings, Jr., filed a pro se civil action. Upon filing the instant
action, he 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.”).
On February 27, 2012, the Court granted Plaintiff’s application to proceed without
prepayment of fees (DN 4). On March 5, 2012, the U.S. Postal Service returned the copy of the
Order sent to Plaintiff at his address of record (DN 6). The envelope was marked “Return to
Sender, Undeliverable as Addressed, Unable to Forward.”
Because Plaintiff has not provided any forwarding address to the Court, neither notices
from this Court nor filings by Defendants 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 Plaintiff has abandoned any interest in prosecuting this
case, the Court will dismiss the action by separate Order.
Date:
April 20, 2012
cc:
Plaintiff, pro se
Defendants
Jefferson County Attorney
4411.005
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?