McIntosh v. Herrington et al, No. 4:2011cv00036 - Document 6 (W.D. Ky. 2011)

Court Description: MEMORANDUM AND OPINION by Judge Joseph H. McKinley, Jr on 5/6/11; The Court will dismiss the action by separate order.cc:counsel, Plaintiff (pro se) (JBM)

Download PDF
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT OWENSBORO HARLAN EDWARD MCINTOSH v. PLAINTIFF CIVIL ACTION NO. 4:11CV-P36-M RON HERRINGTON et al. DEFENDANTS MEMORANDUM OPINION Upon filing the instant action, Plaintiff assumed the responsibility to keep this Court advised of his current address and to actively litigate his claims. See Local Rule 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. ). On March 23, 2011, the Clerk of Court issued a deficiency notice to Plaintiff directing him to file a certified copy of his jail trust account statement for the six-month period immediately preceding the filing of the complaint (DN 4). On March 31, 2011, the U.S. Postal Service returned the deficiency notice to the Court (DN 5). The envelope was marked Return to Sender, Not Deliverable as Addressed, Unable to Forward and was stamped No Longer at HCDC. Apparently, Plaintiff is no longer incarcerated at the Henderson County Detention Center, and because he has not provided any forwarding address to the Court, neither notices from this Court nor filings by Defendants can be served on him. 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 prosecuting this case, the Court will dismiss the action by separate Order. Date: May 6, 2011 cc: Plaintiff, pro se 4414.005 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.