Palmer v. Donahue, No. 3:2009cv00446 - Document 7 (W.D. Ky. 2010)
Court Description: MEMORANDUM AND OPINION by Judge Charles R. Simpson, III on 1/26/2010; for the reasons set forth, the Court will dismiss this action by separate Order.cc:Petitioner, pro se (SC)
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE LARRY PALMER PETITIONER v. CIVIL ACTION NO. 3:09-CV-P446-S J. DAVID DONAHUE RESPONDENT MEMORANDUM OPINION Petitioner, Larry Palmer, filed this action pursuant to 28 U.S.C. ยง 2241 seeking a writ of habeas corpus (DN 1). On December 9, 2009, the Court ordered that within 30 days, Petitioner must show cause whether he has exhausted available state court remedies and whether special circumstances exist to warrant federal intervention. More than 30 days have passed, and Petitioner has failed to respond to this Court s Order to show cause. 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). Therefore, by separate Order, the Court will dismiss the instant action. See FED. R. CIV. P. 41(b) (governing involuntary dismissal). Date: January 26, 2010 cc: Petitioner, pro se 4411.009
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