Strizich v. Edwards et al

Filing 24

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 19 in full. Claims for injunctive relief as contained in complaint 2 DENIED AS MOOT. Signed by Judge Brian Morris on 11/1/2016. Mailed to Strizich. (TAG, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION JORY STRIZICH, CV-16-00034-GF-BMM-JTJ Plaintiff, vs. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS BOB EDWARDS, DAN O’FALLON, KEITH KAULULAAU, and RICHARD ENGLISH, Defendants. Plaintiff Jory Strizich, a prisoner in Cascade County Detention Center at the time, filed a Complaint pro se alleging violations of 42 U.S.C. § 1983 on April 18, 2016. (Doc. 2.) United States Magistrate Judge John Johnston entered Findings and Recommendations in this matter on October 5, 2016. (Doc. 19.) Neither party filed objections. 1 When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140, 149-52 (1986). This Court will review Judge Johnston’s Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Judge Johnston recommended that the Court deny Strizich’s claims as moot because he has been released from custody (Doc. 19 at 2.) Judge Johnston cited to two Ninth Circuit cases in support of the proposition that “an inmate’s release from prison while his claims are pending generally will moot any claims for injunctive relief relating to the prison’s policies.” Doc. 19 at 1-2, citing Dilly v. Gunn, 64 F.3d 1365, 1368 (9th Cir. 1995); see also Alvarez v. Hill, 667 F.3d 1061, 1063-64 (9th Cir. 2012). The Court has reviewed Judge Johnston’s Findings and Recommendations for clear error. The Court finds no error in Judge Johnston’s Findings and Recommendations, and adopts them in full. The Ninth Circuit has established that an inmate-plaintiff’s released from custody renders claims related to prison policies moot. Strizich filed a Notice of Change of Address indicating that he was released from custody on October 4, 2016 (Doc. 19 at 1.) IT IS ORDERED that Judge Johnston’s Findings and Recommendations (Doc. 19) is ADOPTED IN FULL. 2 IT IS FURTHER ORDERED that Plaintiff Jory Strizich’s claims for injunctive relief as contained in his complaint (Doc. 2) are DENIED AS MOOT. DATED this 1st day of November, 2016. 3

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