Ridgeway v. Commonwealth of Kentucky et al

Filing 7

MEMORANDUM AND OPINION by Senior Judge Thomas B. Russell on 4/16/2013; an appropriate order shall issuecc:counsel (KJA)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
THOMAS RIDGEWAY

PLAINTIFF

v.

CIVIL ACTION NO. 5:12CV-P149-R

COMMONWEALTH OF KENTUCKY et al.

DEFENDANTS

MEMORANDUM OPINION
Plaintiff Thomas Ridgeway initiated this civil action under 42 U.S.C. § 1983. Upon
filing the instant action, Plaintiff 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 February 14, 2013. On February 25,
2013, that mailing was returned by the United States Postal Service marked “Return to Sender,
Unable to Forward.” Plaintiff 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.
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
that Plaintiff has abandoned any interest in prosecution of this case, the Court will dismiss the
case by separate Order.
Date:

April 16, 2013

cc:
Plaintiff, pro se
4413.010