Scheuerman v. Maynard et al

Filing 9

MEMORANDUM OPINION. Signed by Chief Judge Deborah K. Chasanow on 7/13/11. (apl, Deputy Clerk)(c/m 7/13/11)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
DANIEL SCHEUERMAN
Plaintiff

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v.

Civil Action No. DKC-11-899
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GARY MAYNARD et al.
Defendants

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MEMORANDUM OPINION

Pending is Defendants’ Response to Show Cause which has been construed as a Motion
for Summary Judgment. ECF No. 5. Plaintiff has filed a Reply. ECF No. 8. No hearing is
necessary to resolve this matter. Also pending is Plaintiff’s Motion for Leave to Proceed in
Forma Pauperis. ECF No. 2. Because he appears to be indigent, his motion shall be granted.
Plaintiff filed this action seeking injunctive relief because Defendants were planning to
transfer him to a prison in another state. ECF No. 1. Plaintiff alleged that a transfer out of state
would interrupt his ongoing medical treatment for Hepatitis C. Plaintiff is currently assigned to
protective custody where he has remained for two years. ECF No. 5 at Ex. A.
Defendants assert that Plaintiff was evaluated and approved for Interstate Corrections
Compact (ICC) transfer. Id. Plaintiff filed an action in state court to prevent his transfer and
correctional officials abandoned plans to transfer him. At present there is no plan to transfer
Plaintiff and his evaluation and care for hepatitis C is ongoing. Id. Plaintff concedes that his
claim is moot and requests this action to be dismissed as moot. ECF No. 8. Accordingly, by
separate Order which follows, the Complaint shall be dismissed as moot.

Date:

July 13, 2011

/s/
DEBORAH K. CHASANOW
United States District Judge