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Charles Talbert v. Penske Truck Leasing

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE


April 10, 2013

CHARLES TALBERT PLAINTIFF
v.
PENSKE TRUCK LEASING, ET AL. DEFENDANT

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.").

The Court entered an Order on March 8, 2013, directing Plaintiff to show cause for his failure to comply or, in the alternative, to comply providing the Court a status of the case as there has been no activity in the case since February 2, 2012. On March 20, 2013, the U.S. Postal Service returned the Order to the Court. The envelope was marked "Return to Sender, Not Deliverable as Addressed, Unable to Forward." Apparently, 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.

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