Barassi v. Lewis, No. 4:2017cv00040 - Document 9 (W.D. Ky. 2017)

Court Description: MEMORANDUM AND OPINION by Chief Judge Joseph H. McKinley, Jr. on 8/14/2017: 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) (JBM)

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Barassi v. Lewis Doc. 9 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY OWENSBORO DIVISION NORMAN MARTIN BARASSI v. PLAINTIFF CIVIL ACTION NO. 4:17-CV-P40-JHM CAPTAIN MIKE LEWIS DEFENDANT MEMORANDUM OPINION Upon filing the instant action, Plaintiff 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 Court sent a Memorandum Opinion and Order to Plaintiff on June 13, 2017. That mailing was returned to the Court by the U.S. Postal Service marked “Return to Sender; Not Deliverable as Addressed; Unable to Forward.” Plaintiff has not advised the Court of his new address, and neither notices from this Court nor filings by Defendant 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: August 14, 2017 cc: Plaintiff, pro se 4414.009 Dockets.Justia.com

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