Gordon v. Bolton et al

Filing 14

MEMORANDUM AND OPINION by Judge David J. Hale on 1/20/15; 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.cc:counsel (TLG)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:14CV-P580-DJH

MARTIN ALBERT GORDON

PLAINTIFF

v.
MARK BOLTON et al.

DEFENDANTS
MEMORANDUM OPINION

Plaintiff Martin Albert Gordon, a pro se prisoner, 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 November 10, 2014. On December 15,
2014, that mailing was returned by the United States Postal Service marked “Return to Sender,
Refused, Unable to Forward.” Plaintiff apparently is no longer housed at his address of record,
and he has not advised the Court of a change of address. Therefore, neither notices from this
Court nor filings by Defendants 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). Furthermore, Fed. R. Civ. P. 41(b) permits the
Court to dismiss the action “[i]f the plaintiff fails to prosecute or to comply with these rules

or a court order.” 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:

January 20, 2015

David J. Hale, Judge
United States District Court
cc:
Plaintiff, pro se
4415.010

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