Anderson v. Hatton et al, No. 3:2014cv00416 - Document 14 (W.D. Ky. 2014)

Court Description: MEMORANDUM OPINION by Chief Judge Joseph H. McKinley, Jr. By separate Order, the Court will dismiss the instant action. See FED. R. CIV. P. 41(b). cc: Plaintiff, pro se; Defendants (SG)

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Anderson v. Hatton et al Doc. 14 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CHARON T. ANDERSON v. PLAINTIFF CIVIL ACTION NO. 3:14-CV-P416-M CHRIS HATTON et al. DEFENDANTS MEMORANDUM OPINION Plaintiff Charon T. Anderson filed a pro se complaint and a prisoner motion to proceed without prepayment of fees but did not submit a prisoner trust account statement. The Court then received notice that Plaintiff had been released from incarceration. On September 4, 2014, the Court ordered Plaintiff to either pay the filing fee or file a non-prisoner application to proceed without prepayment of fees. In response, Plaintiff stated that she was still incarcerated. She attached a state-court form entitled “financial statement,” but did not submit her prison trust account statement. On October 15, 2014, the Court ordered that Plaintiff submit her prison trust account statement within 30 days. The Court warned Plaintiff that failure to comply with the Order within the 30-day period will result in dismissal of the action. More than 30 days have passed, and Plaintiff has failed to respond to the Court’s Order. 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: December 5, 2014 cc: Plaintiff, pro se Defendants 4414.009 Dockets.Justia.com

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