Garrett v. Santa Clara County Sheriff Dept. et al

Filing 21

ORDER DISMISSING CASE and DENYING as MOOT, Defendants' Motion for Judgment on the Pleadings 18 . Signed by Chief Magistrate Judge Joseph C. Spero on 4/17/17. (klhS, COURT STAFF) (Filed on 4/17/2017)

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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 ROCCI FRANK GARRETT, Plaintiff, Case No. 16-cv-02864-JCS (PR) 5 v. ORDER OF DISMISSAL 6 7 LAURIE SMITH, et al., Defendants. 8 Dkt. No. 18 9 10 Plaintiff’s release from incarceration renders this action, which sought only United States District Court Northern District of California 11 injunctive relief for access to prison program, moot. When an inmate is released from 12 prison or transferred to another prison and there is no reasonable expectation nor 13 demonstrated probability that he will again be subjected to the prison conditions from 14 which he seeks injunctive relief, the claims for injunctive relief should be dismissed as 15 moot. Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995); see also Alvarez v. Hill, 667 16 F.3d 1061, 1064 (9th Cir. 2012) (same for claims for declaratory relief); cf. Sadorski v. 17 Mosley, 435 F.3d 1076, 1080 (9th Cir. 2006) (affirming dismissal of class claim for 18 injunctive relief because inmate was no longer incarcerated and therefore had no personal 19 stake in the outcome of this litigation) (citing Flast v. Cohen, 392 U.S. 83, 101 (1968)). 20 This action is DISMISSED. Defendants’ motion for judgment on the pleadings 21 (Dkt. No. 18) is DENIED as moot. The Clerk shall terminate Dkt. No. 18, enter judgment 22 in favor of defendants, and close the file. 23 IT IS SO ORDERED. 24 25 26 27 28 Dated: April 17, 2017 _________________________ JOSEPH C. SPERO Chief Magistrate Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ROCCI FRANK GARRETT, Case No. 16-cv-02864-JCS Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 LAURIE SMITH, et al., Defendants. United States District Court Northern District of California 11 12 13 14 15 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on April 17, 2017, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office. 16 17 18 Rocci Frank Garrett ID: ID: DSO-358 Elmwood Correctional Facility 701 S. Abel Street Milpitas, CA 95035 19 20 21 Dated: April 17, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ Karen Hom, Deputy Clerk to the Honorable JOSEPH C. SPERO 27 28 2

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