Summary
In McCarty v. Hopkins, 61 Neb. 550, 85 N.W. 540, the defendant was charged in Sarpy County with the commission of a felony.
Summary of this case from State v. FurstenauOpinion
CIVIL ACTION NO. 4:13CV-P133-M
09-03-2014
ROGER DALE MCCARTY II PLAINTIFF v. HOPKINS COUNTY KENTUCKY et al. DEFENDANTS
MEMORANDUM OPINION
By Order entered July 3, 2014, the Court directed Plaintiff to submit completed summons forms for two Defendants within 21 days from entry of the Order (DN 10). On July 28, 2014, the U.S. Postal Service returned Plaintiff's copy of the Order to the Court (DN 11). The envelope was marked "Return to Sender, Not Deliverable As Addressed, Unable to Forward," and a handwritten notation indicated, "Not Here."
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."). Because Plaintiff has not provided any notice of an address change to the Court, neither orders or notices from this Court nor filings by Defendants can be served on him.
Rule 41(b) of the Federal Rules of Civil Procedure authorizes the involuntary dismissal of an action if a plaintiff fails to prosecute or to comply with an order of the court. See Jourdan v. Jabe, 951 F.2d 108, 109 (6th Cir. 1991) ("Fed. R. Civ. P. 41(b) recognizes the power of the district court to enter a sua sponte order of dismissal."). "Further, the United States Supreme Court has recognized that courts have an inherent power to manage their own affairs and may dismiss a case sua sponte for lack of prosecution." Lyons-Bey v. Pennell, 93 F. App'x 732, 733 (6th Cir. 2004) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630-31 (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: September 3, 2014
/s/
Joseph H. McKinley, Jr., Chief Judge
United States District Court
cc: Plaintiff, pro se
Defendants
4414.005