Johnson v. Ahern

Filing 6

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)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEREMIAH JOHNSON,

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Plaintiff(s),

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vs.
SHERIFF AHERN,
Defendant(s).

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No. C 13-0207 CRB (PR)
ORDER OF DISMISSAL
(Docket # 4)

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While plaintiff was detained at the Alameda County Jail in Dublin,

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California, he filed the instant action for injunctive relief under 42 U.S.C. § 1983

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seeking “a proper diet” and “music that does not contain hypnotic sexual

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suggestion.” But he recently informed the court that he is no longer incarcerated.

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Plaintiff’s action for injunctive relief will be dismissed as moot because it

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is well-established that when an inmate is released from prison (or transferred to

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another prison) and, as is the case here, there is no reasonable expectation or

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demonstrated probability that he will again be subjected to the prison conditions

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from which he seeks injunctive relief, the claim for injunctive relief should be

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dismissed as moot. See Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995).

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The clerk shall enter judgment in accordance with this order and close the

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file. But based solely on his affidavit of poverty, plaintiff’s request to proceed in

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forma pauperis (docket #) 4) is granted.

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SO ORDERED.

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DATED:

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April 17, 2013
CHARLES R. BREYER
United States District Judge

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