Parrott v. Blue

Filing 6

MEMORANDUM AND OPINION by Chief Judge Joseph H. McKinley, Jr on 4/27/12; The Court will dismiss this case by separate order.cc:Plaintiff (pro se), Defendant, HCA (JBM)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT OWENSBORO
CIVIL ACTION NO. 4:12CV-P30-M

JOSEPH SCOTTIE PARROTT

PLAINTIFF

v.
JOE BLUE

DEFENDANT
MEMORANDUM OPINION

Plaintiff Joseph Scottie Parrott initiated this pro se civil action under 42 U.S.C. § 1983
against Defendant Joe Blue, the Hopkins County Jailer. 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 March 13, 2012. That mailing was
returned by the United States Postal Service on March 20, 2012, marked “Return to Sender; Not
Deliverable as Addressed; Unable to Forward.” Plaintiff is apparently no longer incarcerated at
the Hopkins County Jail, and he has not advised the Court of a change of address. Therefore,
neither notices from this Court nor filings by Defendant 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:

April 27, 2012

cc:

Plaintiff, pro se
Defendant
Hopkins County Attorney

4414.010

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