Crouch v. Baldwin
Filing
11
MEMORANDUM AND OPINION by Judge Joseph H. McKinley, Jr on 9/23/11; Because it appears to this Court that the Plaintiff has abandoned interest in prosecuting this case, 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
JEREMY MATTHEW CROUCH
v.
PLAINTIFF
CIVIL ACTION NO. 4:11CV-P79-M
DR. DAN BALDWIN
DEFENDANT
MEMORANDUM OPINION
By Order entered July 22, 2011, the Honorable Chief District Court Judge Thomas B.
Russell transferred this action to the Owensboro Division (DN 8). On August 22, 2011, the copy
of that Order sent to Plaintiff at Grayson County Detention Center, his address of record, was
returned to the Court by the U.S. Postal Service (DN 10). The envelope was marked “Return to
Sender, Undeliverable as Addressed, Unable to Forward,” and a handwritten notation indicated
that Plaintiff was released on July 7, 2011.
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.”). Apparently,
Plaintiff is no longer incarcerated at the Grayson 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:
September 23, 2011
cc: Plaintiff, pro se
4414.005
2
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