RIVERA v. LOCKETT et al

Filing 18

Entry and Order Dismissing Action - The plaintiff seeks injunctive relief concerning the conditions of his confinement at a federal prison within this District. Based on his filing of April 5, 2012, however, he is no longer confined in this Distr ict, but has been transferred to a prison in Coleman, Florida. This action is dismissed for lack of jurisdiction and judgment consistent with this Entry shall now issue. Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 5/2/2012.(RSF)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GUILLERMO RIVERA,
vs.

Plaintiff,

WARDEN LOCKETT, et al.,
Defendants.

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2:11-cv-142-JMS-DKL

Entry and Order Dismissing Action
The plaintiff seeks injunctive relief concerning the conditions of his
confinement at a federal prison within this District. Based on his filing of April 5,
2012, however, he is no longer confined in this District, but has been transferred to
a prison in Coleman, Florida.
The plaintiff’s transfer renders this action moot. Church of Scientology of Cal.
v. United States, 506 U.S. 9, 12 (1992) (“if an event occurs while a case is pending . .
. that makes it impossible for the court to grant ‘any effectual relief whatever’ to a
prevailing party, the [case] must be dismissed.”)(quoting Mills v. Green, 159 U.S.
651, 653 (1895)). "A case is moot when issues presented are no longer 'live' or the
parties lack a legally cognizable interest in the outcome." Erie v. Pap's A.M., 529
U.S. 277, 287 (2000) (internal citations omitted). 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).
An action which is moot must be dismissed for lack of jurisdiction. 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). Dismissal of the action for lack
of jurisdiction is compelled by these circumstances, and judgment consistent with
this Entry shall now issue.
IT IS SO ORDERED.

05/02/2012
Date: __________________

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Guillermo Rivera
01403-027
Coleman – USP
P.O. Box 1033
Coleman, FL 33521