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)

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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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