Odom v. Kelley et al

Filing 46

MEMORANDUM by Judge David J. Hale on 4/15/2019 - 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: Plaintiff, pro se (KD)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
LOUISVILLE DIVISION
GLENN D. ODOM, II,

Plaintiff,

v.

Civil Action No. 3:17-cv-P118-DJH

KIMBERLY KELLEY,

Defendant.
* * * * *
MEMORANDUM

Upon filing the instant action, Plaintiff assumed the responsibility of keeping this Court
advised of his current address and to actively litigate his claims. See LR 5.2(e) (“All pro se
litigants must provide written notice of a change of residential address, and, if different, mailing
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 Court sent a document to Plaintiff on February 20, 2019. That document was
returned to the Court by the U.S. Postal Service marked “Return to Sender” on March 7, 2019.
Another document sent by the Court was returned for being undeliverable on March 25, 2019.
Plaintiff has not advised the Court of his new address, and documents from this Court and
Defendants in this action cannot 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:

April 15, 2019

David J. Hale, Judge
United States District Court
cc:
Plaintiff, pro se
4415.009

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