Chesser v. Walton et al

Filing 75

MEMORANDUM AND ORDER, The Court REJECTS the Report (Doc. 68 ) and DENIES as moot Chessers motion for a preliminary injunction (Doc. 21 ). Should Chesser believe he is likely to be retransferred to USP-Marion, he may file a motion to reinstate his preliminary injunction motion. Signed by Judge J. Phil Gilbert on 6/9/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ZACHARY CHESSER,
Plaintiff,
v.

Case No. 12-cv-1198-JPG-PMF

J.S. WALTON, et al.,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc. 68) of
Magistrate Judge Philip M. Frazier recommending that the Court deny plaintiff Zachary Chesser’s
amended motion for a preliminary injunction on the merits (Doc. 21). Chesser has objected to the
Report (Doc. 71), and the defendants have responded to that objection (Doc. 74).
When Chesser filed his motion, he was incarcerated at the United States Penitentiary at Marion,
Illinois (“USP-Marion”). He sought an injunction compelling the defendants to change the
accommodations for religious practices available to him at that institution. Since then, Chesser has
been transferred to another institution. Thus, his complaints about religious accommodations currently
provided at USP-Marion are moot. Higgason v. Farley, 83 F.3d 807, 811 (7th Cir. 1996) (transfer to
another institution moots prisoner’s request for injunctive relief unless he makes a showing that he will
likely be retransferred to that first institution). Accordingly, the Court REJECTS the Report (Doc. 68)
and DENIES as moot Chesser’s motion for a preliminary injunction (Doc. 21). Should Chesser
believe he is likely to be retransferred to USP-Marion, he may file a motion to reinstate his preliminary
injunction motion.
IT IS SO ORDERED.
DATED: June 9, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE