OUTLAW v. FINNAN et al

Filing 37

ENTRY and NOTICE Plaintiff's claim for injunctive relief is dismissed as noot because his is no longer confined at the Wabash Valley Correctional Facility; no partial final judgment shall issue at this time as to the claims resolved in this entry. Signed by Judge William T. Lawrence on 11/23/2009.(VS)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA

LARRY T. OUTLAW, Plaintiff, v. ALAN FINNAN, Superintendent, et al., Defendants.

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No. 2:09-cv-0036-WTL-TAB

Entry and Notice A case becomes moot if the "the issues presented are no longer `live' or the parties lack a legally cognizable interest in the outcome." Murphy v. Hunt, 455 U.S. 478, 481 (1984). A court lacks jurisdiction over a claim which is moot. Board of Educ. of Downers Grove Grade School Dist. No. 58 v. Steven L., 89 F.3d 464, 467 (7th Cir. 1996), cert. denied, 117 S. Ct. 1556 (1997). The plaintiff's claim for injunctive relief is dismissed as moot because he is no longer confined at the Wabash Valley Correctional Facility. See Lehn v. Holmes, 364 F.3d 862, 871 (7th Cir. 2004) ("[W]hen a prisoner who seeks injunctive relief for a condition specific to a particular prison is transferred out of that prison, the need for relief . . . become[s] moot."); Higgason v. Farley, 83 F.3d 862, 871 (7th Cir. 1996) (same). No partial final judgment shall issue at this time as to the claims resolved in this Entry. IT IS SO ORDERED.

Date: 11/23/2009 _______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana

Distribution: Larry T. Outlaw # 900496 Indiana State Prison One Park Row Michigan City, IN 46360 James F. Bleeke SWEETIN & BLEEKE PC [e-mail] Carol A. Dillon SWEETIN & BLEEKE, P.C. [e-mail] Akia Haynes Indiana Office of the Attorney General [e-mail] Corinne Gilchrist Office of the Indiana Attorney General [e-mail]