Biddle v. Morgan et al

Filing 22

MEMORANDUM ORDER Denying as Moot the Letter/Motion for Injunctive Relief (D.I. 11 ). Signed by Judge Richard G. Andrews on 6/19/2013. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
WAYNE BIDDLE,
Plaintiff,

v.

: Civ. No. 13-343-RGA

OFFICER JONES, et al.,
Defendants.
MEMORANDUM ORDER

Plaintiff Wayne Biddle, a former inmate within the Delaware Department of
Correction, filed a Complaint (D. I. 2) on March 1, 2013, pursuant to 42 U.S.C. § 1983.
On May 23, 2013, while incarcerated, plaintiff filed a letter/motion (D.I. 11)
construed as a motion for injunctive relief to stop Defendants from threatening,
harassing and/or retaliating against him as a result of filing the instant lawsuit.
On June 17, 2013, Plaintiff advised the court that he is no longer incarcerated.
(See D.l. 20.) Inasmuch as Plaintiff is no longer incarcerated, injunctive relief may not
issue. "The relevant inquiry is whether the movant is in danger of suffering irreparable

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harm at the time the preliminary injunction is to be issued." Sl Handling Sys., Inc. v.
Heisley, 753 F.2d 1244, 1264 (3d Cir. 1985). Because Plaintiff is no longer an
incarcerated individual, it is impossible for him to suffer irreparable with regard to the
issues he raises in his letter/motion seeking injunctive relief.

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THEREFORE, at Wilmington this \1day of June, 2013, IT IS ORDERED that
Plaintiff's letter/motion for injunctive relief (D.I. 11) is DENIED as moot.

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