Jayne v. Van Buskirk, et al.

Filing 14

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 8/5/2011 recommending that plaintiff's 11 motion for injunctive relief be denied ; referred to Judge Garland E. Burrell; Objections due within twenty-one days after being served with these findings and recommendations. (Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MIKE JAYNE,

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Plaintiff,

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No. 2: 11-cv-1448 GEB KJN P

vs.
DONALD VAN BUSKIRK, et al.,

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Defendants.

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FINDINGS & RECOMMENDATIONS
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Plaintiff is proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. On

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June 28, 2011, plaintiff filed a motion for injunctive relief. This motion concerns conditions at

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the Shasta County Jail, where plaintiff was incarcerated when he filed the motion. Court records

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indicate that plaintiff is no longer incarcerated at the Shasta County Jail. Plaintiff is now

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incarcerated at the Snake River Correctional Institution in Ontario, Oregon.

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When an inmate seeks injunctive relief concerning an institution at which he is no

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longer incarcerated, his claims for such relief become moot. See Sample v. Borg, 870 F.2d 563

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(9th Cir. 1989); Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1986). See also Reimers v.

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Oregon, 863 F.2d 630, 632 (9th Cir. 1988). Plaintiff has demonstrated no reasonable possibility

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that he will be incarcerated at the Shasta County Jail at any predictable time in the future.

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Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s motion for
injunctive relief (Dkt. No. 11) be denied as moot.

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These findings and recommendations are submitted to the United States District

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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-

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one days after being served with these findings and recommendations, plaintiff may file written

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objections with the court. The document should be captioned “Objections to Magistrate Judge’s

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Findings and Recommendations.” Plaintiff is advised that failure to file objections within the

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specified time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951

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F.2d 1153 (9th Cir. 1991).

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DATED: August 5, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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