Cornelison v. Parnell

Filing 8

MEMORANDUM OPINION by Senior Judge Thomas B. Russell; The Court will dismiss this action by separate Order.cc:Plaintiff(pro se) (ERH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH

BRANDON M. CORNELISON
v.

PLAINTIFF
CIVIL ACTION NO. 5:13CV-P38-R

RICKY PARNELL

DEFENDANT

MEMORANDUM OPINION
Plaintiff filed the instant pro se action alleging civil rights violations against the jailer the
Fulton County Detention Center. 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 June 13, 2013. That mailing was
returned by the United States Postal Service marked “Return to Sender, Not Deliverable as
Addressed, Unable to Forward” on June 25, 2013. Plaintiff has not advised the Court of a
change of address. Therefore, neither notices from this Court nor filings by Defendant 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:

August 13, 2013

cc:
Plaintiff, pro se
4413.010

2