Fernandez v. Rolley et al
MEMORANDUM AND OPINION by Chief Judge Joseph H. McKinley, Jr on 8/21/13; Because it appears to this court that Plaintiff has abandoned any interest in prosecution of this case, the court will dismiss Plaintiffs claims by separate order. cc: Plaintiff (pro se) (JBM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
CIVIL ACTION NO. 4:13-CV-P77-M
LT. ROLLEY et al.
Plaintiff Carlos Fernandez initiated this civil action under 42 U.S.C. § 1983 in the district
court for the Eastern District of Kentucky. Plaintiff was sent a copy of a Notice of Electronic Filing
notifying him that his case had been transferred to this court. That mailing was returned by the
United States Postal Service marked “Return to Sender; Attempted Not Known; Unable to Forward.”
Upon filing the instant action, Plaintiff assumed the responsibility of keeping the court
advised of his current addresses 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.”). Plaintiff has not advised the court of
a change of address, and neither notices from this court nor filings by Defendants 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 Plaintiff’s claims by separate order.
August 21, 2013
Plaintiff, pro se
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