Talbert v. Penske Truck Leasing et al

Filing 6

MEMORANDUM OPINION by Judge John G. Heyburn, II on 4/10/2013; because it appears that Plaintiff has abandoned any interest in prosecutingthis case, the Court will dismiss the action by separate Order.cc: plaintiff pro se (TLB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE

CHARLES TALBERT

PLAINTIFF

v.

CIVIL ACTION NO. 3:12CV-57-H

PENSKE TRUCK LEASING, et al.

DEFENDANT

MEMORANDUM OPINION
Upon filing the instant action, Plaintiff 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.”).
The Court entered an Order on March 8, 2013, directing Plaintiff to show cause for his
failure to comply or, in the alternative, to comply providing the Court a status of the case as there
has been no activity in the case since February 2, 2012. On March 20, 2013, the U.S. Postal
Service returned the Order to the Court. The envelope was marked “Return to Sender, Not
Deliverable as Addressed, Unable to Forward.”

Apparently, because he 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 10, 2013

April 10, 2013

cc: Plaintiff, pro se

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