Baird v. Officer Nichols et al

Filing 32

MEMORANDUM OPINION by Chief Judge Joseph H. McKinley, Jr. on 8/20/2018: This case must be dismissed for lack of prosecution. The Court will enter a separate order of dismissal. cc: counsel, Plaintiff (pro se) (JM)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
OWENSBORO DIVISION

BRISTOL L. BAIRD
v.

PLAINTIFF
CIVIL ACTION NO. 4:16CV-P4-JHM

OFFICER NICHOLS et al.

DEFENDANTS

MEMORANDUM OPINION
Upon filing the instant action, Plaintiff assumed the responsibility of keeping this Court
advised of his current address and of actively litigating 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.”).
On July 5, 2018, the copy of an Order sent to Plaintiff at his address of record was
returned to the Court by the U.S. Postal Service marked “Return To Sender” (DN 31). A
handwritten notation on the envelope indicated, “No longer Here.” Id. 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. “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 by failing to provide
written notice of a change of address, the Court concludes that this case must be dismissed for
lack of prosecution. See, e.g., White v. City of Grand Rapids, 34 F. App’x 210, 211 (6th Cir.
2002) (“[Plaintiff’s] complaint was subject to dismissal for want of prosecution because he failed
to keep the district court apprised of his current address.”).
The Court will enter a separate Order of dismissal.
Date:

August 20, 2018

cc:

Plaintiff, pro se
Counsel of record
4414.005

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