(PC) Hand v. Young et al

Filing 19

ORDER DENYING Plaintiff's Motions for Preliminary Injunction as moot, without prejudice to re-filing 3 , 11 , 12 , 16 signed by Magistrate Judge Barbara A. McAuliffe on 2/18/2021. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JEHU HAND, 12 Case No. 1:20-cv-00784-BAM (PC) Plaintiff, 13 v. 14 ORDER DENYING PLAINTIFF’S MOTIONS FOR PRELIMINARY INJUNCTION AS MOOT, WITHOUT PREJUDICE TO REFILING YOUNG, et al., (ECF Nos. 3, 11, 12, 16) 15 Defendants. 16 Plaintiff Jehu Hand (“Plaintiff”) is a former federal prisoner proceeding pro se and in 17 18 forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of 19 Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Currently pending before the Court are several motions for preliminary injunction and 20 21 related motions for expedited and emergency hearings on those motions. (ECF Nos. 3, 11, 12, 22 16.) The objective of all of the motions is Plaintiff’s release from prison and placement on 23 supervised release to protect him from the COVID-19 virus. (Id.) On February 4, 2021, Plaintiff’s address was updated pursuant to a Notice of Change of 24 25 Address filed in Case No. 1:19-cv-01329-HBK (Doc. No. 27). The Court takes judicial notice of 26 that filing, which indicates that Plaintiff is now receiving mail at a P.O. Box not associated with a 27 federal correctional institution. 28 /// 1 1 As it appears Plaintiff has been released from custody, the Court finds that Plaintiff’s 2 pending motions related to his requests for emergency release from custody are now moot. To 3 the extent Plaintiff is reincarcerated, the motions are denied without prejudice to re-filing. The 4 Court will screen Plaintiff’s complaint in due course. 5 6 7 8 9 10 11 12 13 Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff’s motion for emergency release, (ECF No. 3), is DENIED as moot, without prejudice to re-filing; 2. Plaintiff’s first amended emergency motion for expedited preliminary injunction, (ECF No. 11), is DENIED as moot, without prejudice to re-filing; 3. Plaintiff’s motion to set hearing on the emergency motion for preliminary injunction, (ECF No. 12), is DENIED as moot; and 4. Plaintiff’s declaration in support of first amended emergency motion for expedited release, (ECF No. 16), is DENIED as moot. 14 15 16 17 IT IS SO ORDERED. Dated: /s/ Barbara February 18, 2021 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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