Ward v. Alvis et al

Filing 15

MEMORANDUM OPINION by Senior Judge Charles R. Simpson, III that because Plaintif has not complied with this Court's order, by separate Order, the Court will dismiss the instant action. cc: Plaintiff, pro se; Counsel of record (SG)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
WILLIE R. WARD

PLAINTIFF

v.

CIVIL ACTION NO. 3:15-CV-P389-CRS

ALVIS et al.

DEFENDANTS
MEMORANDUM OPINION

Plaintiff, Willie R. Ward, initiated this action by filing his pro se, in forma pauperis
complaint on May 21, 2015. The Court screened his complaint pursuant to 28 U.S.C. § 1915A,
dismissed some claims, and entered a Scheduling Order (DN 7) to govern the development of the
remaining claims. That Scheduling Order required, among other things, that Plaintiff file a
certification with the Court on or before January 29, 2016, that he has provided counsel for
Defendants any records or documentation relevant to his remaining claims. That Scheduling
Order also required Plaintiff to file a pretrial memorandum no later than February 28, 2016. It
also warned Plaintiff that “his failure . . . to comply with this or any subsequent order of the
Court MAY RESULT IN A DISMISSAL OF THIS CASE.” The Scheduling Order’s deadlines
passed, and Plaintiff did not file the required documents with this Court.
On May 4, 2016, this Court entered an Order to Plaintiff that within 30 days Plaintiff
must show cause why this case should not be dismissed for failure to comply with an order of
this Court. That Order also warned Plaintiff that his failure to comply timely with that Order
would result in a dismissal of this case.
More than 30 days have passed, and Plaintiff has not complied with this Court’s Order.
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). Therefore, by separate Order, the Court will
dismiss the instant action. See Fed. R. Civ. P. 41(b) (governing involuntary dismissal).
Date:

July 15, 2016

C al R Smpo I , ei J d e
h r s . i sn I Sno u g
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cc:

Plaintiff, pro se
Counsel of record
4411.009

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