(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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEHU HAND,

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Case No. 1:20-cv-00784-BAM (PC)
Plaintiff,

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v.

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ORDER DENYING PLAINTIFF’S MOTIONS
FOR PRELIMINARY INJUNCTION AS
MOOT, WITHOUT PREJUDICE TO REFILING

YOUNG, et al.,
(ECF Nos. 3, 11, 12, 16)

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Defendants.

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Plaintiff Jehu Hand (“Plaintiff”) is a former federal prisoner proceeding pro se and in

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forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of

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Fed. Bureau of Narcotics, 403 U.S. 388 (1971).
Currently pending before the Court are several motions for preliminary injunction and

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related motions for expedited and emergency hearings on those motions. (ECF Nos. 3, 11, 12,

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16.) The objective of all of the motions is Plaintiff’s release from prison and placement on

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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

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Address filed in Case No. 1:19-cv-01329-HBK (Doc. No. 27). The Court takes judicial notice of

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that filing, which indicates that Plaintiff is now receiving mail at a P.O. Box not associated with a

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federal correctional institution.

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As it appears Plaintiff has been released from custody, the Court finds that Plaintiff’s

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pending motions related to his requests for emergency release from custody are now moot. To

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the extent Plaintiff is reincarcerated, the motions are denied without prejudice to re-filing. The

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Court will screen Plaintiff’s complaint in due course.

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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.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

February 18, 2021

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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