Johnson v. Nelson County Jail et al

Filing 28

MEMORANDUM AND OPINION by Chief Judge Joseph H. McKinley, Jr that because it appears that Plaintiff has abandoned any interest in prosecution of this case, the Court will dismiss by separate Plaintiff, pro se; counsel of record (SG)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE TIMOTHY KEITH JOHNSON v. PLAINTIFF CIVIL ACTION NO. 3:12CV-P586-M NELSON COUNTY JAIL et al. DEFENDANTS MEMORANDUM OPINION Plaintiff 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 October 24, 2013. That mailing was returned by the United States Postal Service marked “Return to Sender; Not Deliverable as Addressed; Unable to Forward.” Plaintiff has not advised the Court of a change of address, and 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: November 13, 2013 cc: Plaintiff, pro se Counsel of record 4414.009

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