Gray v. Lewis et al

Filing 61

ORDER DENYING REQUEST FOR PRELIMINARY INJUNCTION AS MOOT 59 (Illston, Susan) (Filed on 9/8/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BERNARDOS GRAY, JR.,

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United States District Court
For the Northern District of California

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No. C 13-4929 SI (pr)

Plaintiff,

ORDER DENYING REQUEST FOR
PRELIMINARY INJUNCTION AS
MOOT

v.
G. D. LEWIS; et al.,
Defendants.
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In this action, plaintiff sued prison officials for impeding his efforts to practice his House
of Yahweh religion at Pelican Bay State Prison by denying him a kosher diet and other religious
accommodations. At the parties’ mutual request, this action was referred to the Pro Se Prisoner
Mediation Program on June 29, 2015, with an instruction that the mediation proceedings take
place within 120 days. See Docket # 56 at 12. On August 18, 2015, the court denied plaintiff’s
second motion for a preliminary injunction regarding meal service “without prejudice to plaintiff
filing a new motion with an adequate evidentiary presentation, but only if the parties are unable
to resolve their disputes through mediation.” Docket # 57.
Plaintiff has filed another motion for a preliminary injunction requiring prison officials
to forward his legal materials to him in his new prison. Docket # 59. Plaintiff was paroled on
September 2, 2015, two days after his motion was filed. See Docket # 60. Plaintiff’s release
from CDCR custody makes his motion for a preliminary injunction moot. See generally Dilley
v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995) (“An inmate’s release from prison while his
claims are pending generally will moot any claims for injunctive relief relating to the prison’s

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policies”). Since he is no longer in the custody of the CDCR, plaintiff needs to make

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arrangements to have his property sent to his home or some other address outside prison.

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Plaintiff’s motion for a preliminary injunction is DENIED as moot. Docket # 59.

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Finally, the court recently requested that Magistrate Judge Vadas schedule a mediation

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session for this action in September 2015. Docket # 58 at 2. In light of plaintiff’s release from

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custody, the need for mediation on an accelerated schedule is no longer present. Magistrate

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Judge Vadas is requested to schedule this matter for mediation within ninety days of the date

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of this order. The clerk shall send a copy of this order to Magistrate Judge Vadas.

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United States District Court
For the Northern District of California

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IT IS SO ORDERED.
Dated: September 8, 2015

_______________________
SUSAN ILLSTON
United States District Judge

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