Young v. Qureshi

Filing 52

ORDER signed by Magistrate Judge Kendall J. Newman on 11/29/2018 ORDERING that within 14 days of the date of this order, plaintiff shall show cause why this action should not be dismissed as moot. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANNY GEROME YOUNG,

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No. 2: 15-cv-2674 JAM KJN P

Plaintiff,
v.

ORDER

MUHAMMAD QURESHI, et al.,
Defendants.

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Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant

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to 42 U.S.C. § 1983. For the reasons stated herein, plaintiff is ordered to show cause why this

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action should not be dismissed as moot.

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This action proceeds on the amended complaint filed February 16, 2016. (ECF No. 5.)

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Named as defendants are Dr. Qureshi, Dr. Singh, Jackie Clark, N. Atienza and A. Abu. All

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defendants are located at the California Health Care Facility (“CHCF”) in Stockton, California.

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Plaintiff was incarcerated at the CHCF when he filed the amended complaint. Defendants

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Qureshi, Singh, Atienza and Abu have filed a summary judgment motion. (ECF No. 44.)

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Defendant Clark has not yet been served with process.

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In the amended complaint, plaintiff alleges that he received inadequate medical care while

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housed at the CHCF. In the amended complaint, plaintiff seeks injunctive relief only (i.e. no

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monetary damages). (See ECF No. 5 at 8-11.)
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Plaintiff is now housed at the California Medical Facility (“CMF”). (ECF No. 48.) When

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an inmate seeks injunctive or declaratory relief concerning the prison where he is incarcerated, his

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claims for such relief become moot when he is no longer subjected to those conditions. See

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Weinstein v. Bradford, 423 U.S. 147, 149 (1975); Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th

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Cir. 1995). Accordingly, plaintiff is ordered to show cause why this action should not be

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dismissed as moot.1

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Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this

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order, plaintiff shall show cause why this action should not be dismissed as moot.

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Dated: November 29, 2018

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Defendants’ summary judgment motion addresses the merits of plaintiff’s claims. (See ECF
No. 44.)
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