McIntosh v. Herrington et al
Filing
6
MEMORANDUM AND OPINION by Judge Joseph H. McKinley, Jr on 5/6/11; The Court will dismiss the action by separate order.cc:counsel, Plaintiff (pro se) (JBM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT OWENSBORO
HARLAN EDWARD MCINTOSH
v.
PLAINTIFF
CIVIL ACTION NO. 4:11CV-P36-M
RON HERRINGTON et al.
DEFENDANTS
MEMORANDUM OPINION
Upon filing the instant action, Plaintiff assumed the responsibility to keep this Court
advised of his current address and to actively litigate his claims. See Local Rule 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.”).
On March 23, 2011, the Clerk of Court issued a deficiency notice to Plaintiff directing
him to file a certified copy of his jail trust account statement for the six-month period
immediately preceding the filing of the complaint (DN 4). On March 31, 2011, the U.S. Postal
Service returned the deficiency notice to the Court (DN 5). The envelope was marked “Return
to Sender, Not Deliverable as Addressed, Unable to Forward” and was stamped “No Longer at
HCDC.”
Apparently, Plaintiff is no longer incarcerated at the Henderson County Detention
Center, and because he has not provided any forwarding address to the Court, neither notices
from this Court nor filings by Defendants can be served on him. 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 prosecuting
this case, the Court will dismiss the action by separate Order.
Date:
May 6, 2011
cc:
Plaintiff, pro se
4414.005
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