McDanel v. Unknown Kentucky State Police Officer et al

Filing 7

MEMORANDUM AND OPINION by Chief Judge Thomas B. Russell on 3/25/2010: an appropriate order shall issuecc:counsel (KJS)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH ROY ANDREW MCDANEL v. PLAINTIFF CIVIL ACTION NO. 5:10-CV-P2-R D EFENDANTS

UNKNOWN KENTUCKY STATE POLICE OFFICER 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 Court sent an Order to Plaintiff on February 19, 2010. That mailing was returned by the Hickman County Detention Center because Plaintiff is no longer housed there. 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 25, 2010

cc: 4413.009

Plaintiff, pro se Defendants