Johnson v. Ahern
ORDER OF DISMISSAL and GRANTING 4 MOTION for Leave to Proceed in forma pauperis filed by Jeremiah Johnson. Signed by Judge Charles R. Breyer on 4/17/2013. (Attachments: # 1 Certificate/Proof of Service)(beS, COURT STAFF) (Filed on 4/17/2013)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 13-0207 CRB (PR)
ORDER OF DISMISSAL
(Docket # 4)
While plaintiff was detained at the Alameda County Jail in Dublin,
California, he filed the instant action for injunctive relief under 42 U.S.C. § 1983
seeking “a proper diet” and “music that does not contain hypnotic sexual
suggestion.” But he recently informed the court that he is no longer incarcerated.
Plaintiff’s action for injunctive relief will be dismissed as moot because it
is well-established that when an inmate is released from prison (or transferred to
another prison) and, as is the case here, there is no reasonable expectation or
demonstrated probability that he will again be subjected to the prison conditions
from which he seeks injunctive relief, the claim for injunctive relief should be
dismissed as moot. See Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995).
The clerk shall enter judgment in accordance with this order and close the
file. But based solely on his affidavit of poverty, plaintiff’s request to proceed in
forma pauperis (docket #) 4) is granted.
April 17, 2013
CHARLES R. BREYER
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?