Session v. Clemings et al

Filing 37

ORDER. ORDERED that plaintiff Franky L. Session's Motion for Injunction Relief [Docket No. 3] is DENIED by Judge Philip A. Brimmer on 03/05/15.(jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Philip A. Brimmer
Civil Action No. 14-cv-02406-PAB
FRANKY L. SESSION,
Plaintiff,
v.
DEPUTY SHERIFF CLEMINGS,
DEPUTY SHERIFF ANDREWS,
DEPUTY SHERIFF CAPTAIN ROMERO, and
DEPUTY SHERIFF SERGEANT JORDON,
Defendants.
_____________________________________________________________________
ORDER
_____________________________________________________________________
This matter is before the Court on the Motion for Injunction Relief [Docket No. 3]
filed by plaintiff Franky L. Session. In light of plaintiff’s pro se status, the Court
construes his filings liberally. See Haines v. Kerner, 404 U.S. 519, 520 (1972); Hall v.
Bellmon, 935 F.2d 1106, 1110 & n.3 (10th Cir. 1991).
At all relevant times, plaintiff was incarcerated at the Denver Downtown
Detention Center. See Docket No. 31 at 1-2 (alleging that defendants all work at the
Denver Downtown Detention Center). Plaintiff’s motion claims that for more than a
year, “different Denver Deputy Sheriff[s] have tried to find multiple ways to place
[plaintiff] back into [a] 23 hour segregation unit.” Docket No. 3 at 1. Plaintiff asks the
Court to order the Denver Sheriff’s Department to refrain from placing plaintiff in 23
hour segregation or isolation and to allow plaintiff to see a therapist for his mental
issues. Id. at 2.

On January 12, 2015, plaintiff filed a Notification of Change of Address,
informing the Court that plaintiff is now an inmate at the Crowley County Correctional
Facility in Olney Springs, Colorado. Docket No. 30 at 1. Because plaintif f is no longer
incarcerated at a facility operated by the Denver Sheriff’s Department, plaintiff’s motion
for injunctive relief regarding segregation is moot. The same is true regarding plaintiff’s
request for an order allowing him to see a therapist.
For the foregoing reasons, it is
ORDERED that plaintiff Franky L. Session’s Motion for Injunction Relief [Docket
No. 3] is DENIED.

DATED March 5, 2015.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge

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