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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROCCI FRANK GARRETT,
Plaintiff,

Case No. 16-cv-02864-JCS (PR)

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v.

ORDER OF DISMISSAL

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LAURIE SMITH, et al.,
Defendants.

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Dkt. No. 18

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Plaintiff’s release from incarceration renders this action, which sought only

United States District Court
Northern District of California

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injunctive relief for access to prison program, moot. When an inmate is released from

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prison or transferred to another prison and there is no reasonable expectation nor

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

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which he seeks injunctive relief, the claims for injunctive relief should be dismissed as

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moot. Dilley v. Gunn, 64 F.3d 1365, 1368-69 (9th Cir. 1995); see also Alvarez v. Hill, 667

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F.3d 1061, 1064 (9th Cir. 2012) (same for claims for declaratory relief); cf. Sadorski v.

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Mosley, 435 F.3d 1076, 1080 (9th Cir. 2006) (affirming dismissal of class claim for

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injunctive relief because inmate was no longer incarcerated and therefore had no personal

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stake in the outcome of this litigation) (citing Flast v. Cohen, 392 U.S. 83, 101 (1968)).

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This action is DISMISSED. Defendants’ motion for judgment on the pleadings

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(Dkt. No. 18) is DENIED as moot. The Clerk shall terminate Dkt. No. 18, enter judgment

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in favor of defendants, and close the file.

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IT IS SO ORDERED.

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Dated: April 17, 2017
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROCCI FRANK GARRETT,

Case No. 16-cv-02864-JCS

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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LAURIE SMITH, et al.,
Defendants.

United States District Court
Northern District of California

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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.

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Rocci Frank Garrett ID: ID: DSO-358
Elmwood Correctional Facility
701 S. Abel Street
Milpitas, CA 95035

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Dated: April 17, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO

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