Thomas v. Billups et al (INMATE 2)
(VACATED PURSUANT TO THE COURT'S 16 ORDER) OPINION. Signed by Honorable Judge Myron H. Thompson on 1/4/2017. (wcl, ) Modified on 1/4/2017 (wcl, ).
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DANIEL K. THOMAS,
WARDEN P. BILLUPS and
CIVIL ACTION NO.
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
prisoner, while housed at Kilby Correctional Facility,
filed this lawsuit naming as defendants a warden and
the prison commissioner and challenging the denial of
canteen, visitation, and telephone privileges attendant
denial of a reduction of time in segregation for good
behavior while in segregation; and the policy requiring
exercise with his arms handcuffed behind his back and
This lawsuit is now before the court on
mootness, in light of plaintiff’s transfer to Limestone
novo review of the record, the court concludes that the
magistrate judge’s recommendation should be adopted in
While plaintiff's claims related to his time at
the correctional facility in this district are moot and
judge’s recommendation, the court will not dismiss this
Northern District of Alabama for this reason: In his
response to the defendants’ special report, plaintiff
included a "notification" that he had been transferred
to a facility there, and he makes the same or a similar
district--that he is being endangered by being required
to exercise while handcuffed and shackled in a room
with a concrete floor.
See Response (doc. no. 13) at
The court further notes that, in his response,
plaintiff moved to drop his claims unrelated to the
See id. at 4.
An appropriate judgment will be entered.
DONE, this the 4th day of January, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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