Bowen v. Jefferson County Department of Corrections Officials
Filing
11
MEMORANDUM AND OPINION by Senior Judge Thomas B. Russell on 5/1/2013; an appropriate order shall issue dismissing casecc:counsel (KJA)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
WAYNE E. BOWEN
PLAINTIFF
v.
CIVIL ACTION NO. 3:12CV-P470-R
ANGELETA HENDRICKSON et al.
DEFENDANTS
MEMORANDUM OPINION
Plaintiff Wayne E. Bowen initiated this civil action under 42 U.S.C. § 1983. 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 Clerk of Court sent a mailing to Plaintiff on February 28, 2013. That mailing was
returned by the United States Postal Service marked “Attempted Not Known.” Plaintiff has not
advised the Court of a change of address. Therefore, 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 that Plaintiff has abandoned any
interest in prosecution of this case, the Court will dismiss the case by separate Order.
Date:
May 1, 2013
cc:
Plaintiff, pro se
4413.010
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