Yarbrough v. Boyd et al
Filing
28
MEMORANDUM OPINION by Chief Judge Joseph H. McKinley, Jr. on 9/19/16: Because Plaintiff has failed to comply with this Courts Local Rules and prior order in failing to provide his current address, the Court concludes that this case must be dismissed for lack of prosecution. The Court will dismiss the action by separate Order. cc: Counsel, Plaintiff (pro se) (DJT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT OWENSBORO
CIVIL ACTION NO. 4:15CV-P131-JHM
JOHN ALLEN YARBROUGH
PLAINTIFF
v.
BRAD BOYD et al.
DEFENDANTS
MEMORANDUM OPINION
Plaintiff John Allen Yarbrough, a pro se prisoner, initiated this civil action under 42
U.S.C. § 1983. 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(e) (“All pro
se litigants must provide written notice of a change of residential 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.”).
In addition, the Court’s Scheduling Order and Order Directing Service (DN 7) ordered as
follows:
(11) Should Plaintiff change addresses during the pendency of this matter, he
must provide written notice of a change of address to the Clerk of Court and to
Defendants’ counsel.
(12) Plaintiff is WARNED that his failure to notify the Clerk of Court of any
address change or failure to comply with this or any subsequent order of the Court
MAY RESULT IN A DISMISSAL OF THIS CASE.
The Clerk of Court sent a mailing to Plaintiff on July 15, 2016. The mailing was returned
by the United States Postal Service marked “Return to Sender, Refused, Unable to Forward.”
Plaintiff apparently is no longer housed at his address of record, and he has not advised the Court
of a change of address. Therefore, neither notices from this Court nor filings by Defendants in
this action can be served on Plaintiff.
Rule 41(b) of the Federal Rules of Civil Procedure authorizes the involuntary dismissal
of an action if a plaintiff fails to prosecute or to comply with an order of the court. See Jourdan
v. Jabe, 951 F.2d 108, 109 (6th Cir. 1991) (“Fed. R. Civ. P. 41(b) recognizes the power of the
district court to enter a sua sponte order of dismissal.”). Although federal courts afford pro se
litigants some leniency on matters that require legal sophistication, such as formal pleading rules,
the same policy does not support leniency from court deadlines and other procedures readily
understood by laypersons, particularly where there is a pattern of delay or failure to pursue a
case. Id. at 110. “As [the Sixth Circuit] has noted, the lenient treatment generally accorded to
pro se litigants has limits. Where, for example, a pro se litigant fails to comply with an easily
understood court-imposed deadline, there is no basis for treating that party more generously than
a represented litigant.” Pilgrim v. Littlefield, 92 F.3d 413, 416 (6th Cir. 1996) (citing Jourdan v.
Jabe, 951 F.2d at 110). “Further, the United States Supreme Court has recognized that courts
have an inherent power to manage their own affairs and may dismiss a case sua sponte for lack
of prosecution.” Lyons-Bey v. Pennell, 93 F. App’x 732, 733 (6th Cir. 2004) (citing Link v.
Wabash R.R. Co., 370 U.S. 626, 630-31 (1962)).
Because Plaintiff has failed to comply with this Court’s Local Rules and prior order in
failing to provide his current address, the Court concludes that this case must be dismissed for
lack of prosecution. The Court will dismiss the action by separate Order.
Date:
September 19, 2016
cc:
Plaintiff, pro se
Counsel of record
4414.010
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