Harris v. Goderick, et al
Filing
127
ORDER TO SHOW CAUSE Why Request for Injunctive Relief Should Not be Denied as Moot. Plaintiff must respond as described in the body of the order within 21 days and the Attorney General's Office may, but is not required, to reply within 7 days thereafter. Signed by Magistrate Judge Jonathan Goodman on 8/18/2011. (dkc)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
Miami Division
Case No. 05-22039-CIV-MARTINEZ/GOODMAN
KELVIN D. HARRIS,
Plaintiff,
v.
MARIO P. GODERICK, et al.,
Defendants.
_______________________________________/
ORDER TO SHOW CAUSE WHY
REQUEST FOR INJUNCTIVE RELIEF SHOULD NOT BE DENIED AS MOOT
THIS MATTER is before the Court regarding Plaintiff’s request for judicial
assistance. (DE# 118; DE# 119.) As per Court order (DE# 120), the Attorney
General’s Office responded to Plaintiff’s request on April 26, 2011, and Plaintiff
later filed multiple replies. (DE# 121; DE# 122; DE# 123; DE# 126.)
Since filing his original letters, however, Plaintiff apparently has
transferred two separate times to two different prisons.
His request letters
indicate that Plaintiff was incarcerated at the Santa Rosa Correctional Institution
in Milton, Florida. But on June 6, 2011, Plaintiff filed a “Change of Address
Inquiry Notice,” in which he indicated he “no longer resides at Santa Rosa
Correctional Institution” and that he now resides at the Cross City Correctional
Institution in Cross City, Florida. (DE# 124.) Then, on August 2, 2011, Plaintiff
filed a letter with the Court containing a return address at the Apalachee
Correctional Institution in Sneeds, Florida. (DE# 126.)
Case No. 05-22039-CIV-MARTINEZ/GOODMAN
The general rule in our circuit is that “a transfer or a release of a prisoner
from prison will moot that prisoner's claims for injunctive and declaratory relief.”
Smith v. Allen, 502 F.3d 1255, 1267 (11th Cir. 2007) (citing McKinnon v.
Talladega Cnty., Ala., 745 F.2d 1360, 1363 (11th Cir. 1984); Zatler v. Wainwright,
802 F.2d 397, 399 (11th Cir. 1986) (per curiam)).
Consequently, Plaintiff shall file a response to this order within 21
days, indicating why he believes his request for injunctive relief is still
viable and, if so, provide specific recent details to support his request. If
Plaintiff’s position is that his request is still viable because he believes he has not
received an identifiable piece of mail since his transfers, then Plaintiff shall
explain why, for instance, this is not simply related to the fact he transferred twice
and the mail may have been sent to the wrong prison.
In addition, the Prison Litigation Reform Act (PLRA) requires that an
inmate exhaust his available administrative remedies before filing an action
under 42 U.S.C. § 1983 relating to his conditions of confinement. 42 U.S.C.
1997e(a).
Accord Porter v. Nussle, 534 U.S. 516, 524 (2002).
The PLRA
requires proper exhaustion, meaning that an inmate must strictly follow the
prison’s administrative grievance procedures. Woodford v. Ngo, 548 U.S. 81, 94
(2006).
The Attorney General’s Office indicates that officials at the Santa Rosa
Correctional Institution informed Plaintiff that his conspiracy-related grievances
lacked sufficient detail to allow officials to investigate the claims further.
Moreover, the Attorney General’s Office states that prison officials requested that
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Case No. 05-22039-CIV-MARTINEZ/GOODMAN
Plaintiff provide them with the necessary details, but that Plaintiff did not comply.
In support of these contentions, the Attorney General’s Office attached copies of
grievances and the prison’s responses.
To clarify the exhaustion issue, Plaintiff shall also include in his
response to this order an explanation of whether he is still in the process
of seeking an administrative remedy to his conspiracy complaints. If not,
Plaintiff must provide a detailed description of the steps he took that he
believes constitute a proper exhaustion of his administrative remedies,
along any documentation in his possession that supports a claim of
exhaustion of administrative remedies.
Should it believe it is necessary, the Attorney General’s Office may, but is
not required, to file a reply within 7 days after Plaintiff’s response is docketed with
this Court.
DONE and ORDERED, in Chambers, in Miami, Florida, this 18th day of
August, 2011.
Copies furnished to:
The Honorable Jose M. Martinez
Kelvin D. Harris, pro se
DC #091609
Apalachee Correctional Institution
35 Apalachea Dive
Sneeds, FL 32400
All counsel of record
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