Sivori v. Sparkman et al

Filing 140

ORDER DISMISSING as MOOT (137) Motion to Dismiss in case 4:10-cv-00008-MPM-JMV; DISMISSING as MOOT (141) Motion to Dismiss in case 4:16-cv-00074-MPM-JMV. Signed by District Judge Michael P. Mills on 8/18/21. Associated Cases: 4:16-cv-00074-MPM-JMV, 4:10-cv-00008-MPM-JMV (cb)

Case: 4:10-cv-00008-MPM-JMV Doc #: 140 Filed: 08/18/21 1 of 1 PageID #: 801

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
FRANK SIVORI

PLAINTIFF

v.

No. 4:10CV8-MPM-JMV

DEPUTY COMMISSIONER EMMITT
SPARKMAN, ET AL.

DEFENDANTS

Consolidated With
FRANK SIVORI

PLAINTIFF

v.

No. 4:16CV74-MPM-JMV

DEPUTY COMMISSIONER EMMITT
SPARKMAN, ET AL.

DEFENDANTS

ORDER DISMISSING AS MOOT PLAINTIFF’S MOTIONS
[137 – LEAD CASE], [141 – COMPANION CASE]
TO DISMISS EARLIER MOTIONS [114 – LEAD CASE], [118 – COMPANION CASE]
FOR RELIEF FROM JUDGMENT
This matter comes before the court on the plaintiff’s motions [137 – lead case], [141 –
companion case] to dismiss without prejudice his earlier motions [114 – lead case], [118 – companion
case] for relief from judgment or order. The plaintiff has alleged that the defendants have violated his
right to freely exercise his religion by failing to provide him with an appropriate religious diet. Mr.
Sivori notes in the instant motion that the prison’s food service contract with the current provider is set
to expire, and he believes it is pragmatic to dismiss the current motions without prejudice. As the
court has already denied the earlier requests for relief from judgment, the present motions [137 – lead
case], [141 – companion case] seeking to dismiss the earlier requests are DISMISSED as moot.
SO ORDERED, this, the 18th day of August, 2021.
/s/ Michael P. Mills
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF MISSISSIPPI