Stapleton v. Parnell, No. 5:2009cv00190 - Document 5 (W.D. Ky. 2010)
Court Description: MEMORANDUM AND OPINION by Chief Judge Thomas B. Russell on 2/3/2010: an appropriate order shall issuecc:counsel (KJS)
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH PAUL A. STAPLETON v. PLAINTIFF CIVIL ACTION NO. 5:09-CV-P190-R RICKY PARNELL DEFENDANT MEMORANDUM OPINION Plaintiff filed a complaint under 42 U.S.C. ยง 1983 giving his address as the Fulton County Detention Center. On November 3, 2009, the Clerk of this Court mailed a notice of deficiency to Plaintiff which was returned marked by the U.S. Postal Service as Return to Sender; Not deliverable as addressed; Unable to Forward. In this situation, the Court will dismiss this action as neither notices from this Court nor filings by Defendant in this action can be served on Plaintiff. 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. ). 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). The Court will dismiss the case by separate order. Date: February 3, 2010 cc: Plaintiff, pro se 4413.009
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