Kelly v. Haley et al

Filing 8

MEMORANDUM OPINION by Judge Greg N. Stivers on 4/17/15; 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. cc:Plaintiff, pro se (ERH)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH

JUSTIN KELLY
v.

PLAINTIFF
CIVIL ACTION NO. 5:14CV-P218-GNS

RANDY HALEY et al.

DEFENDANTS

MEMORANDUM OPINION
Plaintiff Justin Kelly, a pro se prisoner, 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 January 29, 2015. That mailing was
returned by the United States Postal Service marked “Return to Sender, Not Deliverable as
Addressed, Unable to Forward.” 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. 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:

April 17, 2015

cc:
Plaintiff, pro se
4416.010

2