Richardson v. Thornton et al

Filing 16

JUDGMENT; DISMISSED as moot and the above captioned case is DISMISSED with prejudice in its entirety Signed by Judge James T Trimble, Jr on 1/12/09. (crt,Davis, C)

rr~ 0~~'~jegs~M~A UNITED STATES DISTRICT COURT

JA~~l 2 7O09 1
WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

RICHARDSON versus ThORNTON, ET AL.

CIVIL ACTION NO. 07-16 16 JUDGE THIMBLE MAGISTRATE JUDGE KIRK

JUDGMENT
Petitioner's complaint was dismissed as frivolous and for failing to state a claim for

which relief maybe granted by judgment of this court dated November 19, 2007.' Petitioner appealed this ruling and, hyjudgrncnt and mandate dated December 12, 2008,2 the United States
Court of Appeals for the Fifth Circuit affirmed this court's ruling except as it applied to

petitioner's claim that he is being subjected to ongoing threat of harm because of his incarceration at close proximity to his alleged assailant, Leo Barrier. Accordingly, the appellate
court reversed our ruling as to that claim and remanded the claim to us for further proceedings.

It has come to the attention of the court that petitioner Travis J. Richardson was transferred from Wirin Correctional Center to David Wade Correctional Center on or about
January 14, 2008.' Finding that, as a result of his transfer, the petitioner is no longer being

`R. 5. `R. 14. `Petitioner did not provide notice of his transfer or of his new address to the court as required. The court learned of his transfer and new location only after speaking with personnel

detained in close pro\imitv to inmate Leo BalTier US alleged in his sole remaining complaint, the

court finds that this claim should be and is hereby DISMISSED as moot and the above captioned case is DISMISSED with prejudice in its entirety. THUS DONE AND SIGNED in chambers at Alexandria, Louisiana this January, 2009. JAMES T. TRIMBLE, JR+ UNtIED STATES DISTRICT JUDGE

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from the Records Department at Wiim Correctional Facility! 2