Ellis v. York
REPORT AND RECOMMENDATION TO DENY AS MOOT re 2 MOTION for Temporary Restraining Order filed by Recko Ellis Objections to R&R due by 7/26/2007.. Ordered by Judge Richard L. Hodge on 07/02/2007. (RLH)
Ellis v. York
Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION RECKO ELLIS, : : Plaintiff : : VS. : : Officer YORK, : : Defendant : _____________________________________
NO. 7:07-CV-68 (HL)
Before the Court is plaintiff RECKO ELLIS' motion for "a restraint order to be placed on the defendants in this case until this case is disposed of for the safety of the plaintiff." Under established law of this circuit, a prisoner's claim for declaratory and injunctive relief is mooted by his transfer or release from the facility about which he complains. Zatler v. Wainwright, 802 F.2d 397, 399 (11th Cir. 1986). Because plaintiff was transferred from the Lowndes County Jail, his claims for injunctive relief are now moot, as the defendants are no longer in a position to violate plaintiff's constitutional rights. Accordingly, it is RECOMMENDED that plaintiff's motion be DENIED as moot. Pursuant to 28 U.S.C. § 636(b)(1), plaintiff may serve and file written objections to this recommendation with the district judge to whom this case is assigned, within ten (10) days after being served a copy of this order. SO RECOMMENDED, this 2nd day of July, 2007.
/s/ Richard L. Hodge RICHARD L. HODGE UNITED STATES MAGISTRATE JUDGE
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