Johnson v. Reese et al

Filing 41

MEMORANDUM AND OPINION by Chief Judge Thomas B. Russell on 3/26/09: an appropriate order shall issuecc:counsel (KJS)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH TREVON M. JOHNSON v. JOHN REESE et al. MEMORANDUM OPINION Plaintiff 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(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 October 1, 2008. That mailing was returned by the United States Postal Service marked "FORWARD TIME EXP.; RTN TO SEND." 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 the case by separate order. Date: March 26, 2009 PLAINTIFF CIVIL ACTION NO. 5:06-CV-14-R D EFENDANTS cc: 4413.09 Plaintiff, pro se Counsel of record

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?