Boykin v. Louisville Metropolitan Department of Corrections
Filing
11
MEMORANDUM OPINION by Judge David J. Hale. Because it appears that Plaintiff has abandoned any interest in prosecution of this case, the Court will dismiss the case by separate Order. cc:Plaintiff, pro se (ERH)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
BRAD BOYKIN
v.
PLAINTIFF
CIVIL ACTION NO. 3:14CV-P648-DJH
1ST SHIFT OFFICERS AT LOUISVILLE
METROPOLITAN DEPARTMENT OF CORRECTIONS
DEFENDANTS
MEMORANDUM OPINION
Plaintiff Brad Boykin, 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 October 22, 2014. On November 12,
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 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:
December 30, 2014
David J. Hale, Judge
United States District Court
cc:
Plaintiff, pro se
4415.010
2
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