Odom v. Lynn et al
Filing
36
MEMORANDUM AND ORDER by Judge Greg N. Stivers. For the reasons stated, IT IS ORDERED that Plaintiff's injunctive-relief claims are DISMISSED for failure to state a claim upon which relief may be granted. The Clerk of Court is DIRECTED to terminate Pettit and White as parties to this action. cc:Plaintiff, pro se; counsel of record (ERH)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT PADUCAH
GLENN D. ODOM, II
PLAINTIFF
v.
CIVIL ACTION NO. 5:13CV-P60-GNS
VICTORIA P. LYNN et al.
DEFENDANTS
MEMORANDUM AND ORDER
Plaintiff Glenn D. Odom, II, a pro se prisoner proceeding in forma pauperis, filed the
instant action concerning his incarceration at Kentucky State Penitentiary (KSP). Upon initial
review of the complaint pursuant to 28 U.S.C. § 1915A, the Court allowed the following claims
to proceed: the official-capacity claims for failure to protect against Defendants Bruce Von
Dwingelo, Duke Pettit, and Randy White seeking injunctive relief in the form of a protection
from specific threats of harm and the individual-capacity claims for retaliation against
Defendants Victoria P. Lynn and Von Dwingelo seeking monetary damages.
In in forma pauperis proceedings, “[n]otwithstanding any filing fee, or any portion
thereof, that may have been paid, the court shall dismiss the case at any time if the court
determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted.”
28 U.S.C. § 1915(e)(2)(B)(ii) (emphasis added).
Plaintiff filed a notice of change of address (DN 34) on October 31, 2014, stating that he
has been transferred to the Little Sandy Correctional Complex. An inmate’s claim for injunctive
relief regarding the conditions of his confinement becomes moot due to the inmate’s release from
confinement or transfer to another facility. See Kensu v. Haigh, 87 F.3d 172, 175 (6th Cir. 1996)
(finding inmate’s request for injunctive relief moot as he was no longer confined to the
institution where the alleged wrongdoing occurred). Because Plaintiff is no longer incarcerated
at KSP, his claims for injunctive relief against Defendants Von Dwingelo, Pettit, and White have
become moot. Accordingly,
IT IS ORDERED that Plaintiff’s injunctive-relief claims are DISMISSED for failure to
state a claim upon which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk of
Court is DIRECTED to terminate Pettit and White as parties to this action.
Date:
December 22, 2014
Plaintiff, pro se
Counsel of record
4416.010
cc:
2
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