Johnson v. Eddie et al

Filing 14

MEMORANDUM OPINION by Judge John G. Heyburn, II on 12/27/2012; because it appears that Plaintiff has again abandoned interest in prosecution of this case, the Court will dismiss the case by separate Order.cc: plaintiff pro se (TLB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:12CV-218-H

PONELL JOHNSON

PLAINTIFF

v.
EDDIE et al.

DEFENDANTS
MEMORANDUM OPINION

Plaintiff Ponell Johnson initiated this pro se civil action. Upon filing the instant action,
he 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.”).
The Court dismissed this case on July 3, 2012, as abandoned after an Order sent to
Plaintiff was returned by the United States Postal Service (USPS) marked “Return to Sender.”
Plaintiff subsequently filed a letter and a notice of change of address, and the Court re-opened the
action on September 26, 2012. However, on October 12, 2012, that Order was also returned to
the Court by the USPS marked, “Return to Sender, Attempted – Not Known, Unable to
Forward.” Therefore, once again, 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 again abandoned interest in
prosecution of this case, the Court will dismiss the case by separate Order.
Date:

December 27, 2012

cc:
Plaintiff, pro se
4412.010

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