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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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 JEREMIAH JOHNSON, 7 Plaintiff(s), 8 9 ) ) ) ) ) ) ) ) ) ) vs. SHERIFF AHERN, Defendant(s). 10 No. C 13-0207 CRB (PR) ORDER OF DISMISSAL (Docket # 4) 11 12 While plaintiff was detained at the Alameda County Jail in Dublin, 13 California, he filed the instant action for injunctive relief under 42 U.S.C. § 1983 14 seeking “a proper diet” and “music that does not contain hypnotic sexual 15 suggestion.” But he recently informed the court that he is no longer incarcerated. 16 Plaintiff’s action for injunctive relief will be dismissed as moot because it 17 is well-established that when an inmate is released from prison (or transferred to 18 another prison) and, as is the case here, there is no reasonable expectation or 19 demonstrated probability that he will again be subjected to the prison conditions 20 from which he seeks injunctive relief, the claim for injunctive relief should be 21 dismissed as moot. See Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995). 22 The clerk shall enter judgment in accordance with this order and close the 23 file. But based solely on his affidavit of poverty, plaintiff’s request to proceed in 24 forma pauperis (docket #) 4) is granted. 25 SO ORDERED. 26 DATED: 27 28 April 17, 2013 CHARLES R. BREYER United States District Judge G:\PRO-SE\CRB\CR.13\Johnson, J.13-0207.dismissal.wpd

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